Deadly Force Can Be Used to Protect Property Under Texas Law


You have probably heard of the law of self defense. That is using  force and possible deadly force if reasonable in the situation when the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.

Under Texas law, a person can lawfully use force to defend his property. In certain situations deadly force can also be used to protect property. Even in situations of criminal mischief, if committed at night, a person can use deadly force to protect his property.

The statute to for one’s Protection of Property is listed under Texas Penal Code Section 9.41 and states:

(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.

The statute for Deadly Force for Protection of Property is listed under Texas Penal Code Section 9.42 and states:

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:

(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 another to a substantial risk of death or serious bodily injury.

 The law is fairly clear and straight forward. However sometimes people find themselves on the wrong side of the law and find themselves in need of a Criminal Lawyer in Houston. If you or someone you know is need of a Houston Criminal Attorney call Texas Board Certified Attorney Mario Madrid at 713-877-9400.
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