Quote:
Originally Posted by Kevin
More importantly, feeling "danger" and being "threatened" are not elements which are necessary to raise the defense.
None of that stuff is necessary either. Texas doesn't have a duty to retreat, nor does it specify that you have to feel there's a danger of death or serious bodily harm, or papercuts, or that the defense can't be raised on days starting with a T. The statute is pretty clearly set up to allow homeowners to take care of situations which may potentially become dangerous, thus allowing the homeowner to avoid having to ever be in danger at all.
Weighing the equities here, I'm going to have to say that I'll place the security and safety of homeowners above burglars' lives every single time. You don't know that by calling the cops, if there had been the duty to retreat, etc., that there would have eventually been a hostage situation, or something dangerous like that. You just don't know.
In Texas, they prefer not to find out.
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As I always like to say...
"Don't go to Texas and raise a ruckus...you might not come back."
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