Message #156173

[grunterhunter8]

Chris, yes your dogs are considered property. If this senario is at night time, you can use deadly force. If it is day time, I don't think you would be justified in using deadly force. I was taught (this is directly from my notes) that in Texas a person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means. Also, a person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.) I believe your scenario describes Theft and deadly force is only justifiable if said Theft occurs at nighttime. Now if they try to steal your dogs from kennels on your property, this might be considered Burglary, in which case you are able to use deadly force day or night. Hope this helps.