Bikers Attack Driver After Accident: Caught on Tape

jcosta79

In Texas I can shoot anyone that's on my property. I don't have to be in any "danger".

I'm sure the laws in NY are NOT the same.

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Red__Zed

Castle doctrine is irrelevant to an altercation on public roads, and you are terrifyingly unfamiliar with Texas law.

TX allows for you to use force as necessary to stop trespassing, but you may not escalate to deadly force unless required.

In addition, the castle doctrine protects your habitation (which precedent indicates as covering a forced entry to or removal from a vehicle), but not "property" as you state. Detached garages and land have been declared as not covered under the law.

jcosta79

1. I was not trying to say it was the same as something that occurred on public roads. I was merely giving an example of the difference between two state's laws.

2. Here's everything you need to know about castle doctrine (or whatever you call it) here in TX: Everyone here is armed and everyone here WILL shoot you if they find you in their home. If you want to argue legal technicalities with a TX homeowner pointing a gun at you, go right ahead.

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ElVee

Texas has the "Law of Parties," when it comes to felony murder cases. Essentially, if a second person is a "party" to the one who commits the murder, that second person can be convicted of murder as well.

DEpointfive0

I believe a lot of states are like that, no?

Associate to the crime or something?

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Red__Zed

Only if you have an active engagement in the planning, commission, or cover-up.

ElVee

Nothing like Texas. Yeah, there are accomplice laws, but if you and a buddy are out and your buddy shoots and kills someone while you're standing there, you can be tried for felony murder and sentenced just as harshly (possible death penalty) as your friend who actually pulled the trigger. It's a big step up in Texas.

Red__Zed

That's called felony murder and most states have a similar law (though other states are not quite as liberal with the death penalty). The big difference in TX is that you can be charged even if you didn't show up that day (ie, you planned the bank robbery but called out sick when it came time to do the job).

In New York it becomes 2nd degree murder if you are party to the originating felony.