Remember the thread about shooting people in the ass? Don't shoot them in the leg either. Shooting someone in the leg is still deadly force.
If someone is using unlawful deadly force against you of course you can defend yourself regardless of what time it is. In Texas we can also use deadly force to protect property, and this is where the night time restrictions come in. You can use deadly force to stop burglary, robbery, or arson any time of day even if your life is not in danger. But you can only use deadly force to stop theft or criminal mischief (basically vandalism) during the night.
I understand criminal mischief only allowing deadly force at night. I just dont see the difference between being able to use deadly force for burglary and robbery during the day, and only being able to use deadly force for theft at night.
Am I wrong to think burglary , robbery, and theft are all the same. I understand that if someone takes my possesions while im not there, its just theft. But if I am present at the time and someone steals form me, wouldnt that determine it to be robbery or burgerly?
Hell, you cant use deadly force for theft because you wont even be there. Now theft while im at the scene is robbery, or buglary.Robbery and burglary are the only two I could do something about.