i might be in trouble?

Question

6 months ago a guy broke in to my home while we were asleep
i caught him in my living room when he saw me he pointed a gun at me and i shot him now he is parapligic and his family wants to sue me can they actuley win the case here in nevada

does he have a case or not

i shot him in the chest the bullet missed his heart and severed his spineal cord

Answer 1

His family, most likely, does NOT have a case. Granted, I cannot tell you exactly how the case is going to go because I do not know all the facts regarding the story. However, I can tell you what a CLASSIC Model Penal Code breaking and entering/burglary case would look like:

If someone breaks into the home where you live and has the intention of committing a felony then, technically by the law, you have the right to use serious or even deadly force to stop him. The basis for this defense is that when a person breaks into your home without your admittance and is there to commit a felony, the felony has already begun once the burglar stepped into your home. Felonies are dangerous crimes, since it may be assumed that when a person breaks into your home to steal your personal property, they may stop at nothing to get it and may even inflict serious bodily harm or death against you and your family living in the house.

Your case is strong, because the burglar pointed a gun at you and you had a REASONABLE belief that he would inflict serious bodily harm or death on you. When someone points a gun at you, especially someone you don't know, it only seems logical that they will not hesitate to hurt you.

All you did was defend the lives of your family members and your home (often referred to in antique criminal law as your "castle") Looking at the facts as you have given them, you did what you had to do to protect the lives of your family members. Had the burglar killed you, they may have very well been defense-less.

Answer 2

You should probably check Nevada law for specifics, but I don't think they have a case. From what I understand, you have a right to bare arms and a right to protect yourself and your property. If you were simply minding your own business at the time of the robbery and IF it wasn't premeditated and IF the gun was purchased legally and was registered then you should be ok. However, if it goes to trial you have a pretty good case against the assailant.

Answer 3

In some states you are on shakey ground if you simply shoot an intruder. Some If they are attempting a break in you can shoot, some they must be fully inside. The one case that is clear in any state...when someone breaks into your home at NIGHT you may shoot to kill and it is self defense. Under the law anyone may file suit against anyone. That doesn't mean they'll stand a snowballs chance in hell of winning. Unfortuneately it may cost you some legal fees defending yourself.
HE HAS NO CASE!
P.S. I don't even think any of the above mentioned conditions ie. whether he was fully inside, or just in the doorway, or whether daytime or night even applies because he was armed. Clearly you were within your rights. Best of luck to you.

Answer 4

No I don't think that they can. It is called self defense. I am assuming that you weren't charged by the police. I applaud you for being so brave and protecting yourself. I would have done the same. You definitely should consult a lawyer ASAP. Counter sue them for raising such a jackass with no morals. Apparently they don't have any either because it sounds like they are just trying to get money from you. Good luck, but I am sure you won't need it.

Answer 5

Civil court can always be unpredictable. Your case is very strong, though.

You should get a civil lawyer and file suit against his family for the emotional hardship you've had to endure from defending your family. After all, it's their fault that this all happened. If they had raised him better and if daddy hadn't hit him so much and if Uncle Sid hadn't always tried to wrestle around with him in his underwear, he would have grown up to be a productive member of society. If they want to blame you for their son being a sack of garbage, you should blame them right back.

Answer 6

You need a lawyer. If you live in Florida, and the circumstances are as you have related them here, he has no case. We have a law down here that allows you to shoot someone who breaks into your house and you have a reasonable belief that you and/or your family are in physical danger. If he had a gun or something that looked like a gun and pointed it at you, you were justified in shooting him. You still should be represented by a lawyer if they are suing you.

Answer 7

I don't think they have a case.

The guy broke in and was probably going to kill you.

His family is a bunch of jerks.

I don't think any judge would even take the case.

It's so crazy that a criminal can break the law and sue anyone.

I hope you win, if they do sue. Counter sue them for all expenses.

You have the right to protect yourself in your own home.

Answer 8

If I were you, I would contact an attorney with this question. Also check the Nevada Law Library here: http://www.leg.state.nv.us/law1.cfm

In most states you have the right to protect you and your family with whatever means necessary when some is trespassing on your property. Especially if your life was at risk!

Answer 9

The guy broke into your home with a weapon. You had every right to defend yourself and good for you. Just think what might have happened had you not? His family is morally corupt for wanting to do this and they will not win. Guess that guy want be breaking into any more houses now will he?

Answer 10

Depends on weather you shot him in the back because in some States even if the person is in your house, if you shot him in the back it is presumed that he was running away. But if you shot him while facing you in your house then it should be hard for his family to sue.