In the state of Texas, it is legal to use lethal force to stop criminal mischief at night. Criminal mischief covers a huge range of crimes including breaking into your car.
I don't think I would come out firing if I found someone in my car, but they'd definitely get to look down the muzzle end of the first firearm that was handy. Then I'd let them decide on whether it escalates from there.
Ponyboy- with the virtually worthless criminal justice degree......
[b]Edited to add --- Remember, just because you might not be held criminally responsible for acting within your rights that doesn't mean you can't get sued in civilly.[/b]
Here is the applicable statute:
[b]§ 9.42. Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.[/b]