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Can you legally kill someone for breaking into house in Texas with some what if situations?

In some states I know there is some "unless" rules, but I don't know which ones. Just some what if questions. So if someone broke into my home can I just legally shoot them and say it was self defense but after realizing he was just an unarmed lunatic breaking into homes would I be charged of murder? Or another way if a guy broke into my home and had a knife, but after pulling out a gun and he begins to run away can I still just shoot him still in the house? Or the basic one which usually happens against a crazy man, I pull out my gun and he begins to charge at me, could I shoot him? I live in Texas so I want to know which one of the ifs I can do and the ones if any I cannot do. Easy to answer if you just use 1. 2. 3.

3 Answers

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  • 7 years ago
    Favorite Answer

    Before you decide to start shooting people with the hope that you can claim self defense, you had better learn exactly what the law says in these matters. If you use deadly force in a situation where it wasn't warranted, then you're the one who'll be taken off to prison.

    You are authorized to use deadly force if it's necessary to prevent the imminent commission of "aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery." You can also use deadly force against someone who "unlawfully and with force" enters your habitation, vehicle or place of work.

    Penal code §9.42 would cover use of deadly force in protecting your stuff.

  • James
    Lv 6
    7 years ago

    1. Someone without a weapon can still do a lot of harm, so if you reasonably feel in danger of your life, you can shoot.

    2. If you shoot someone in the back, you better get a good lawyer. Someone running away from you is not a danger to you.

    3. Yes, you could.

  • Squid
    Lv 7
    7 years ago

    You can use deadly force any time you are in fear of death or serious bodily injury for yourself or someone else.

    In your examples, you won't be able to convince the police that the man that was running away really caused you to fear for your life, and you'd probably be arrested. The others would be legal to shoot.

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