CAPITAL PUNISHMENT! (Just for Kahl)

[kahljorn]

In most jurisdictions, defense of self or of others is an affirmative defense to criminal charges for an act of violence. It acts to provide complete justification when the degree of violence used is comparable or proportionate to the threat faced, so deadly force would only be excused in situations of "extreme" danger. The defense would fail, for example, if a defendant deliberately killed a petty thief who did not appear to be a physical threat. Likewise, when an assailant ceases to be a threat (e.g. by being tackled and restrained, surrendering, or fleeing), the defense will fail if the defending party presses on to attack.

from our old friend wikipedia.

"A person is justified in using deadly force against another if he would be justified in using force under Section 9.31 of the statute when and to the degree he reasonable believes that deadly force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly force, if a reasonable person in the same situation would have not retreated. The use of deadly force is also justified to prevent the other's imminent commission of aggravated kidnapping, murder, rape or robbery."

From texas law... but there's some shit that wikipedia article mentions where you dont have to retreat from your home.

"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."

"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.

So, basically, if you coulda yelled at the guy and scared him off without him stealing your property than self-defense might not be a valid defense in court.

If some guy's trying to attack you on the streets and you could just safely run away but instead choose to kill him you could be charged with a crime.