Can you physically hold someone down if they are caught trespassing at night on your property in Texas?

If they are vandalizing your property, and you do not use excessive force, you can use the amount of force necessary to hold them until police arrive.

You could also be arrested for assault, if you use excessive force.

If you do want to catch them, it would be advisable to have video surveillance set up to record their actions, and to cover yourself if any questions arise from the incident.

At the very least, you should have someone else with you who can serve as a reliable witness when the case goes to court.

Chapter 9 of the Texas Penal Code covers use of force.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/...

I strongly suggest reading it if you may have to use force.

Here are some of the applicable statutes:

Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

Sec. 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.

NOTE: 9.06 specifically gives them the right to pursue a case against you in civil court, even if what you do is not unlawful, so be careful not to cause any unnecessary injury to them.

This is one of the reasons to video tape the incident. As the saying goes, a picture is worth a thousand words.

that is a very touchy situation i would talk to the police and see what they would suggest that u do u may be able ask them if they could do a extra patrols by Ur place around that time just make sure that u tell them that u will be home

Yes you can. Just don't use more force than needed.