It is certainly understandable that every person wants to feel safe in his home, and wants to have the right to defend his family when that safety is threatened. There have been quite a few people, not just in Texas but around the country, who have made the decision to break into a stranger's home only to be met by lethal and legally justified force. But, the situation grows more difficult when the confrontation leaves the home. At what point is responsive violence no longer allowed? A death in San Antonio on Thursday morning will soon put that question to the test in a court of law?
A nineteen-year-old resident of the South Side grabbed a pistol and a large knife when two men tried to break into his family's home. The young man fired several shots, causing the two would-be burglars to run outside to their car. One man jumped into the driver's seat and took off, leaving his partner in crime helpless in his attempts to get in through a locked passenger-side door. When the teenager tried to detain the remaining burglar, there was a struggle and the suspect was stabbed in the chest. The suspect later died at the scene.
The teenager contends that the stabbing was necessary after the suspect struggled and tried to grab the gun. While the death probably will not stand up under the "castle defense," which allows home owners to protect their property with force, the young man's attorneys certainly will assert that the stabbing was done out of self-defense.
If you find yourself charged with a serious crime that resulted from your legitimate defense of self, family, or property, the criminal defense attorneys at Bertolino LLP can help. We know the importance of keeping the people you love safe. We have offices in Austin, Houston, and San Antonio and are ready to defend your rights in court.
Friday, October 22, 2010
Posted by Tony R. Bertolino, Esq. at 1:03 PM