What would happen to this guy where you live?

In New Jersey Mr. Brian Knight would be facing a minimum of three years in jail, for committing a crime with a firearm. You cannot defend property with deadly force. You can not endanger the public by discharging a deadly weapon. And, God forbid!, what if these poor folks were 'undocumented', there would be a hue and cry to hang Mr. Knight.

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Originally Posted by dobek

In California - if someone breaks into your house - and you have an escape route available (ie: back door) - you are expected to flee....

Steve :bash:

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No offense, but that is not true.

In fact I can recall several incidents here where people have used deadly force on their property, outside, and no charges were filed. One guy shot someone on his front walkway around 3am; the guy he shot was unarmed.

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Originally Posted by Cecil

In Texas after dark on your property the thief can be shot legally. There was a case a few years ago in El Paso where a thief stole a load of bricks. The owner chased the thief down the street and shot him dead in broad daylight. He was acquitted.

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Cecil is correct on the law in Texas. In Texas deadly force can be used to prevent a theft at night. The theft does not have to be a felony. There have been numerous such cases in the Houston area since I have lived here includind one recently in which a homeowner shot two burglars, carrying stolen property, leaving his neighbors house after dark in the back. Both men died and the shooter was not charged. Under Texas law it was a justifiable homicide. Under the new Texas "Castle Doctrine" he is also immune from civil action related to a justifiable shooting.

It should be remembered though, that Texas has the most lenient use of deadly force laws of any state by far.

As an aside, the "Houston Herald" story is fictitious. As Ken C said there is no such newspaper and in Houston the woman would never have been charged as she would not have commited any of the elements of a crime.