Texas: Law & Ethics - Burglary? Home Invasion?

[colten]

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Hypothetical only. This is NOT homework! Non-meaningful, irrelevant, point-gaming, or disrespectful answers will be promptly reported.

Those who do NOT know Texas law, please do NOT respond.
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Hypothetical Only!

Early one morning, say 3 AM, my wife and I got awakened by window(s) shattering. That will LIKELY happen if someone jumped (or broke down) the fence and/or locked gate; went through the backyard and smash the back first-floor window. There's a smaller chance they went through the front yard & broke the front window.


As my wife was calling 911 on her cellphone and taking cover; I retrieved and c0cked the Beretta 92FS, and grabbed an extra magazine (20 Gold Dots).


In the darkness, I see 2 intruders. I know, FOR SURE, that they **ARE** robbing us.

Here's **what I DO NOT KNOW** : Are they are armed? Do they have shotguns? What's going to happen to my wife and daughters?

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Q1: In this case, is it best to:

a) Take a defensive position and wait for the police? (Keep in mind that 9mm are NO match to shotguns.)

b) Make a citizen's arrest, then wait for the police? (Keep in mind that the intruders MAY be armed; and that 9mm are NO match to shotguns.)

c) Shoot into their centers-of-mass and rely on "Castle Doctrine" law for protection?


Q2: If I do shoot, is it better to empty the entire magazine (20) to assure they can't shoot back? Or just enough to stop them from robbing -- since it's dark, maybe 3-4 each?



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Texas Penal Code:

Burglary: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htm#30.02

Self-Defense: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.31

Use of Deadly Force to protect property: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.42
Protection of One's Property: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.41

Effect on crime rates: http://en.wikipedia.org/wiki/Castle_doctrine#Effect_on_crime_rates
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Immunity from Civil Liability: http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.83.htm
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.


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