Can you use deadly force to stop someone breaking into your

[C-dub]

You guys need to get a grip!!

I don't want to flame on anyone here but this is how it is and will be for a loooong time!!
IF YOU PULL YOUR PISTOL AND SHOOT SOMEONE FOR ANY REASON, YOUR LIFE AS YOU KNOW IT IS OVER!!

Is it worth it to go through all that craziness and expense for a silly car??

Save the deadly force for a time when it's "You or Them"!!

Here endeth the lesson!

My truck, no, but have you seen Pucker's vette? IDK

[srothstein]

Therefore, under current Texas law, you would be justified in using deadly force if someone was merely entering your car without your permission if you thought they intended to steal something in or from the vehicle (or the vehicle itself).

I disagree and think you have a misunderstanding about the law. When the justification says burglary, they are talking specifically about section 30.02, not anything in the burglary chapter.

The key to understanding this is in the following snip from the law:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;

Note that it lists both robbery and aggravated robbery. This tells me that they are naming actual sections of the code, not generic chapters or crimes. So, it is just the one section, not all types of burglaries.


And the answer to the question is to split it into three questions. Yes, you can shoot them, you may or may not shoot them legally depending on circumstances, and whether or not you should shoot is a personal decision.

[recaffeination]

it covers breakng into buildings. Not breaking into unoccupied cars or vending machines.

[Keith B]

In Texas TPC 30.04 Burglary of Vehicles indicates that a person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

For the act of burglary of a vehicle only, the penalty is a Class A misdemeanor. If one prior burglary of a vehicle offense is on the defendant's record, then there is a minimum six months of incarceration. If two or more priors, the offense can be elevated to a state jail felony, with a maximum sentence of two years in the state jail and fines.

So, unless you know the intent is to commit theft or a felony, then the act is just a misdemeanor until that person commits a higher level act (like steals the car or something else.)

[Jim Beaux]

Before I shot someone trying to steal my stuff, I would try to give fair warning and the option to stop and surrender. I think I can live with the consequences of their choice.

A guy told me that after his house was burgled he and his wife had strong issues with being violated. He said that their personal stuff had been gone through, including his wife's lingerie. She couldnt ever wear these items again & was forced to chunk em as they were defiled. He said it was akin to being raped; and their once secure, home sweet home, was no longer the safe haven.

[Keith B]

Before I shot someone trying to steal my stuff, I would try to give fair warning and the option to stop and surrender. I think I can live with the consequences of their choice.

A guy told me that after his house was burgled he and his wife had strong issues with being violated. He said that their personal stuff had been gone through, including his wife's lingerie. She couldnt ever wear these items again & was forced to chunk em as they were defiled. He said it was akin to being raped; and their once secure, home sweet home, was no longer the safe haven.

Home is totally different than a vehicle both from a legal and emotional standpoint. The distinction is even defined in TPC 30.04 and the level of force allowed to be used if it is a 'habitation'.

Bottom line, you would have a total right to shoot someone breaking into your home, but it gets really gray when they are breaking into your vehicle.

[baldeagle]

Therefore, under current Texas law, you would be justified in using deadly force if someone was merely entering your car without your permission if you thought they intended to steal something in or from the vehicle (or the vehicle itself).

I disagree and think you have a misunderstanding about the law. When the justification says burglary, they are talking specifically about section 30.02, not anything in the burglary chapter.

The key to understanding this is in the following snip from the law:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;

Note that it lists both robbery and aggravated robbery. This tells me that they are naming actual sections of the code, not generic chapters or crimes. So, it is just the one section, not all types of burglaries.


And the answer to the question is to split it into three questions. Yes, you can shoot them, you may or may not shoot them legally depending on circumstances, and whether or not you should shoot is a personal decision.

Thanks for the clarification. After reviewing the law, I believe you are correct.

[Jim Beaux]

Before I shot someone trying to steal my stuff, I would try to give fair warning and the option to stop and surrender. I think I can live with the consequences of their choice.

A guy told me that after his house was burgled he and his wife had strong issues with being violated. He said that their personal stuff had been gone through, including his wife's lingerie. She couldnt ever wear these items again & was forced to chunk em as they were defiled. He said it was akin to being raped; and their once secure, home sweet home, was no longer the safe haven.

Home is totally different than a vehicle both from a legal and emotional standpoint. The distinction is even defined in TPC 30.04 and the level of force allowed to be used if it is a 'habitation'.

Bottom line, you would have a total right to shoot someone breaking into your home, but it gets really gray when they are breaking into your vehicle.

I understand & agree with your point; and though this thread is about someone breaking into a vehicle, I only commented on "someone trying to steal my stuff". Like you, my response would be dependent on different scenarios.

One of the rules of behavior I keep conscious of is to always act as if I dont have a weapon. (in fact, now that I carry, I am more restrained) If I saw someone breaking into my vehicle and taking something, I would probably call 911 & stay cool; but again, depending on circumstances, if for some reason that wasnt a viable option, I wouldnt hesitate to confront with orders to hit the ground. If the guy ran off, so be it, if he became aggressive, one of us (not trying to sound flip) just may have made a bad decision.

Of course I expect to live out my life with something like this never happening.

[Hamourkiller]

I am not a lawyer, just a person who has read the news for many years. Multiple incidents of repo men getting ventillated while trying to repo the car with out charges against the car owner are in my memory. Also multiple cases of car thieves being shot from home or apartment windows while inside the car.

I do not remember any such charges being filed against people who shot car thieves.

Just from obsereved events it seems the law is on the side of property owners.

Stealing property in Texas is very risky business.

[Katygunnut]

In Texas TPC 30.04 Burglary of Vehicles indicates that a person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

For the act of burglary of a vehicle only, the penalty is a Class A misdemeanor. If one prior burglary of a vehicle offense is on the defendant's record, then there is a minimum six months of incarceration. If two or more priors, the offense can be elevated to a state jail felony, with a maximum sentence of two years in the state jail and fines.

So, unless you know the intent is to commit theft or a felony, then the act is just a misdemeanor until that person commits a higher level act (like steals the car or something else.)

First off, I wouldn't shoot at someone who is trying to steal my car unless I had a baby inside the car at the time, or something similar that was irreplaceable.

That said, wouldn't it be prefectly reasonable to presume that someone breaking into a locked vehicle intends to commit theft, at a minimum? Said another way, if a police officer witnesses me breaking into a locked car, are they going to charge me with attempted burglary of a vehicle, even if I don't actually take anything from the vehicle before they arrest me? If that charge can stick, then I think the precedent is already set that it is reasonable to presume intended theft when someone breaks into a locked vehicle.

[Katygunnut]

Just make sure that none of the perps look like they could be the son of our current President. If you shoot someone who bears such a potential resemblance, then Federal law overrides state laws based on the Zimmerman case.

[Keith B]

In Texas TPC 30.04 Burglary of Vehicles indicates that a person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

For the act of burglary of a vehicle only, the penalty is a Class A misdemeanor. If one prior burglary of a vehicle offense is on the defendant's record, then there is a minimum six months of incarceration. If two or more priors, the offense can be elevated to a state jail felony, with a maximum sentence of two years in the state jail and fines.

So, unless you know the intent is to commit theft or a felony, then the act is just a misdemeanor until that person commits a higher level act (like steals the car or something else.)

First off, I wouldn't shoot at someone who is trying to steal my car unless I had a baby inside the car at the time, or something similar that was irreplaceable.


That said, wouldn't it be prefectly reasonable to presume that someone breaking into a locked vehicle intends to commit theft, at a minimum? Said another way, if a police officer witnesses me breaking into a locked car, are they going to charge me with attempted burglary of a vehicle, even if I don't actually take anything from the vehicle before they arrest me? If that charge can stick, then I think the precedent is already set that it is reasonable to presume intended theft when someone breaks into a locked vehicle.

Maybe the person was trying to break into the car to find a place out of the weather to sleep? I have seen it happen.

[gigag04]

The car burglars I deal with run, not fight. They way to catch is to box them in, and find them when they lay down to hide.

Shooting someone like this leaves too much ground for unfavorable headlines - which won't help you in Grand Jury or trial. Technically, if it meets the elements of justification, then it may be allowable.

However, I would strongly deter anyone from doing so. The risk/reward just doesn't weigh out for me.

This is the only violence I have heard of from a burglar, happened a few months ago:
One of our LTs who was on swat walked up to a guy breaking into the toolbox on his truck. The guy grabbed a screwdriver from the toolbox and held it like a knife at our LT. Our LT, in running shorts, no shirt, and flip flops, lunged at him, swatted the screwdriver away, and he took off running. He chased this dude for about half a mile barefoot, and then a citizen picked him up while driving by, and they followed the burglar in the citizen's truck, and called patrol. He was caught. Charged with Agg Asslt Deadly Weapon - Peace Officer, since our LT identified himself as an LEO prior to the screwdriver incident.

Another good lesson - carry always, and wear fast shoes.

[Glock 23]

Was a local case in dallas, probably a few yrs ago. A yound male found someone breaking into his car....actually in it already.
he shot him with a .22, a rifle I believe. The suspect lived.

They interviewed the neigbors, and at least the ones they played, all very pretty pro criminal, probably was channed 8. They all were "shocked" that he shot the guy, stood over him, and talked trash. At least the guy lived.

I dunno what happened to the guy...but the news had already chosen sides.

[SewTexas]

I realize this topic is from a few days ago, but it's one that is personal with to me so I thought I'd respond to it anyway.

Several years ago our car was one of a couple broken into at church, the guys took a piece of junk mail, our garage opener, and a gym bag. We didn't realize anything was missing until a couple hours after it happened when I was looking for my work clothes (the gym bag)...I called a friend she mentioned when her car had been broken into her garage opener had been taken and our whole world changed....

30 years worth of James Avery jewelry, my husbands air gun collection, my daughter's laptop, my son's nerf guns. We could literally trace their footsteps and turns...if they had turned right they would have taken my husband's laptop, if they had turned left there his pistols, ect....

Soooo, while we have changed what we keep in our car, and how....I would probably pull on a car burglar....I think...I may be preventing someone from heading to my house, again (this was a big ring). This is another one of those, who knows until it happens.