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Can you use deadly force to stop someone breaking into your car? I dont think I would if I was not in the car at the time. But I had a friend to tell me that TX law allows your car to be in the same bracket as your house ( Castle Doctrine ) and you can stop them from breaking into your house ( in this case "car" ) . Is that so? If so could someone please point it out in the TX penel codes. I would so be thankful.

Buckaroo

buckaroo815 wrote:Can you use deadly force to stop someone breaking into your car? I dont think I would if I was not in the car at the time. But I had a friend to tell me that TX law allows your car to be in the same bracket as your house ( Castle Doctrine ) and you can stop them from breaking into your house ( in this case "car" ) . Is that so? If so could someone please point it out in the TX penel codes. I would so be thankful.

Buckaroo

If you are in it, it is car-jacking and you can defend yourself.

If you are not in it, it is along the lines of burglary. As I understand it, you cannot use deadly-force.

Note to forum members: If I am wrong, feel free to let me know...I have a renewal class coming up and can use a refresher.

Yep. There was a story this week about a guy shooting at some thieves breaking into his car. The shooter/owner was in a 2nd-floor window.
If it's dark, it's legal.

If the perps are armed, it's more than simple burglary.
If it's night time, you can't see if they are armed or not and it is not necessary for you to attempt to determine that before you take action to stop the burglary/mischief/trespassing in Texas during the night.

Depending on what City/County you are in, you may need a good lawyer.

Looks like "theft during the nighttime" would apply. See TX PC 9.42(2)(A)

Depends on the intent of the burglars. Breaking into a motor vehicle is only a misdemeanor and you CANNOT use deadly force if you are not in it. Maybe they are only breaking in to pilfer and look for loose change or money. Now, if they are stealing the vehicle, then it becomes felony theft, and at nighttime you possibly shoot them, but I wouldn't suggest it.

Keith B wrote:Depends on the intent of the burglars. Breaking into a motor vehicle is only a misdemeanor and you CANNOT use deadly force if you are not in it. Maybe they are only breaking in to pilfer and look for loose change or money. Now, if they are stealing the vehicle, then it becomes felony theft, and at nighttime you possibly shoot them, but I wouldn't suggest it.

Couldn't it matter what you have in the vehicle? What if there is something in there that you do not think you will be able to recover? Isn't that also a condition that allows the use of deadly force?

Yes We Can

It may or may not be legally justified, but we can.

Keith B wrote:Depends on the intent of the burglars. Breaking into a motor vehicle is only a misdemeanor and you CANNOT use deadly force if you are not in it. Maybe they are only breaking in to pilfer and look for loose change or money. Now, if they are stealing the vehicle, then it becomes felony theft, and at nighttime you possibly shoot them, but I wouldn't suggest it.

when can you tell what his purpose is... when he drives off with you ride or steals your stereo?

PC §9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
TEXAS CONCEALED HANDGUN LAWS 61
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or

I was taught burglary of a vehicle is different than burglary.

smoothoperator wrote:I was taught burglary of a vehicle is different than burglary.

Maybe, but I'm not sure how.

Just don't.

30.02 is different from 30.04 and both are different from 30.03

gigag04 wrote:Just don't.

Best answer.

On a side note, beating them with a wrench would be okay, right?