Deadly Force to Protect Property

| Sep 29, 2010 | Criminal Defense |

A person is justified 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 of property would expose the actor or another to a substantial risk of death or serious bodily injury.