Is there a difference in using lethal force during the day versus night? Have you ever pictured what it would be like if you had to use deadly force to defend your life or property? It’s not a scene anyone would want to encounter. In Texas, many residents are zealous about practicing their 2nd Amendment right and defending their property. But, at what cost is this acceptable?
When you look at it from a law standpoint, Shawn McDonald of SMB Criminal Defense Lawyers breaks deadly force down from a practical approach. “Do not get in a gunfight over something other than someone’s life, your life, or your family’s life,” says McDonald. Even if your actions are justified in a threat against your property, you have to consider the repercussions if something would happen to you. What would you be willing to potentially lose your life over?
When you face a threat, choosing to reciprocate with violence doesn’t guarantee hard and fast rule for the outcome. You could stop the threat at the cost of your own life. You could stop the threat and in the eyes of the law, it was not absolutely necessary for you to injure or take another human life. McDonald recommends that replaceable items such as a wallet, items from a vehicle or home, and other similar possessions are not worth the risk. Deadly force should only be an option when a life is in invariable danger and the only way to live is to act in defense of yourself or someone else.
If you find yourself in a situation where you consider using deadly force, keep in mind that a jury would ask themselves if your behavior was reasonable. This is especially true if the assailant was not in possession of a weapon. You’ll be responsible to justify your behavior, which is ultimately a gray area and up to the discretion of a jury. Unless you know you are going to die, avoid pulling the trigger on someone else.
Video Transcript for “Is there a difference in using lethal force during the day versus night?”:
Interviewer: “I think my questions are more related to when you can protect yourself. When not to. When to shoot. When no to. And you know it’s… I know there’s different laws during the day verses at night as far as your house goes and the surrounding outside your house. If somebody is breaking into your car. I believe if it’s after dark, you’re allowed to use lethal force or self-defense. If it’s during the day you might be in a little bit more trouble. So what is the law related to that?”
Shawn McDonald: “It gets very, very tricky. So I’m going to give you… I think it’s… I’m probably better served by giving you the practical aspects of the law, then I’ll give you the law. The practical aspects of it is do not get in a gun fight over something other than someone else’s life or your life or your family’s life. Someone’s breaking into your car…”
Interviewer: “That is excellent advice.”
Shawn McDonald: “All of us want to go out there and stop the guy. But imagine what they’re going to say at your funeral. You lost your life over a wallet. Why get involved in a potential gun fight over property? You may be legally allowed to do it. It may be ok. You may be justified, and many people would do it. But in the end if things go bad, that’s the very last thing you want to do is lose your life over a wallet. Someone’s harming your family, the conversation at your funeral is totally different. You know, he died a hero protecting his family. Not died a fool because he’s trying to protect his wallet and gets in a gun fight over $50.
Interviewer: “Yeah and his radar got stolen.”
Shawn McDonald: “That’s right. So practically speaking is unless someone is about to be killed and you fear for your life, don’t put yourself in a situation where you can get in a gun fight. It’s just not worth it. It’s easier said than done. You look out your window and some kid’s you know trying to start your car. Of course you want to go confront him. But if he’s armed he could be a big problem. It could turn over really quick.
Interviewer: “Sure.”
Shawn McDonald: “Legally speaking there’s… it can get very tricky. But ultimately what it boils down to is you can use deadly force like you talked about if someone is stealing from you. Theft and you can’t recover the property any other way, or you are putting yourself at risk for being seriously injured if you don’t proceed to protect that property. Meaning, if there’s no other way to recover the property, number one. Or you’re putting yourself at risk for being killed or seriously injured if you don’t confront this person. And it ultimately boils down to reasonable. You know, that’s what a jury has to decide is is your behavior reasonable? Is it reasonable that someone you know say they try to rob you. They walk up and they try to take your wallet. They don’t have a weapon. Is it reasonable that you shoot and kill them when you never see a weapon? Probably not. It’s a little gray area. If you have a ninety year old lady, and he tries to take her purse and she shoots and kills him. Is that going to be reasonable? Most people would say yes. So that’s why the statute reads the way it does is ‘your behavior must reasonable under the circumstances.’ Reasonable to you is not reasonable to an eighty year old lady.
Interviewer: “Sure.”
Shawn McDonald: “Reasonable to me is not reasonable to a four foot ten lady that weighs eighty pounds but she’s the same age. Now if you see a deadly weapon that changes everything.
Interviewer: “Sure.
Shawn McDonald: “And what I’ve always told my friends and family is if you legitimately fear for your life, kill someone. But if you can’t say that you legitimately in your gut at that moment think you’re going to die, don’t do it. It’s not worth it. Because ultimately if you don’t feel it in your gut, it’s probably not reasonable. But everybody has had that feeling. They have that feeling in the gut of their stomach like Oh no, this is bad. This is going to go south really quickly.’ And you know that this is a problem. If you get that feeling you’re going to have to justify it in court. potentially. And if you believe it in your gut, telling someone about that fear is much easier than you being unreasonable and have to justify your actions.
Interviewer: “Sure.”
Shawn McDonald: “So you know it’s… there’s… it’s a long list of things where you can protect yourself and what it boils down to is, is it reasonable and do you fear for your life? Yes, you can shoot and kill someone for criminal mischief at night time. They’re spray painting your truck, you can shoot and kill them. Under the statute you can. But you’re going to have to live with killing somebody for someone causing a couple thousand dollars in damage of your truck.”
Disclaimer
*This blog post, “Is there a difference in using lethal force during the day versus night?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.