What if he didn't try to kill me first, but he threatened to kill me?
What if he didn't threaten to kill me, but he did threaten to kill my mother, or my child?
What if he did kill a loved one, but didn't threaten me?
Basically, when are you allowed to kill an intruder, and when are you not? What is the deal with the whole self-defense thing?
Thanks.
2006-06-17 23:31:22 · 13 answers · asked by Zabela 4 in Politics & Government ➔ Law & Ethics
I don't know what state u live in but Oklahoma has the make my day law. If you attempt to break in my house or come on my property and have intent to harm I can shoot your a** and i will not go to jail
check your state laws
2006-06-17 23:36:37 · answer #1 · answered by scruett 5 · 7⤊ 2⤋
To answer the rest of your question, you have the same right to defend your family (or strangers for that matter) that you have to defend yourself. If you believe that you or your family is at risk of death or serious harm and are reasonable in your belief, you are permitted to kill. The intruder does not have to actually have a weapon, for example, if he lunged at you and you felt threatened, you could kill.
As a side note, an interesting aspect of the law of self-defense is that in many states, if it is possible to retreat from the situation without killing, you are required to do so. Some states have abolished this with "make my day" laws. You are never, however, required to retreat from your own home.
2006-06-18 03:26:44 · answer #2 · answered by Top 99% 3 · 0⤊ 0⤋
If you are in "fear for your life" and if a reasonable and ordinary person would have acted the same.
If they do not appear to be a threat, you can not use deadly force against them.
If they threaten to kill you but have no means to do so, you can not.
If they have a means and appear to intend to harm you
and if they have already killed someone that can be assumed they plan to kill you also.
( and in the end, it also changes some from state to state, in some states you would be required to try to escape if possible instead of protecting yourself
2006-06-18 07:51:29 · answer #3 · answered by Anonymous · 1⤊ 0⤋
This is an easy one! If indeed the person is an intruder and has forced entry to your home you have the right to defend yourself. If you use deadly force be sure to use enough force to kill the intruder twice. If you shoot the intruder and he makes it outside your screwed. Same if he is still half in a window; he must be entirely inside your residence. If even his pinky finger is outside blow it off with the shotty just to make sure.
HAPPY HUNTING!!
2006-06-17 23:41:12 · answer #4 · answered by roncho 4 · 1⤊ 0⤋
Laws are different in different states. But generaly you are allowed to kill an intruder if they are inside your home and present a threat to you or someone else. If they are runing away and you shoot them in the back then you are going to jail. But it they break in and approch you or come toward you then you can shoot them.
Like I say laws differ in Texas you can shoot them on you property. In Utah you can shoot them if they are trying to break in like thru the door while they are kicking it.
The intruder does not need to make the threat. They have to pose a threat and have the means and oppertunity to carry it out.
Like if somebody says I am going to kill you next week, You can not shoot them. If they are in your living room with a knife, blast them.
2006-06-17 23:38:02 · answer #5 · answered by Dee 4 · 0⤊ 0⤋
In general, if you have a legitimate fear for your life or the life of your family, then "Necessary force" is acceptable. If you do kill an intruder in your house, MAKE SURE HE DOES NOT LEAVE YOUR HOUSE. Anouther piece of advice is, if he has a weapon, great, if he did not have a weapon, put one in his hand and put his fingerprints on it. Do not put your fingerprints on "his" weapon. I woudl not want to be in the situation of having to make that kind of a call, but if someone broke into my house I would shoot first and ask questions later.
2006-06-17 23:51:22 · answer #6 · answered by daddyspanksalot 5 · 1⤊ 0⤋
There is such a thing as justifiable homicide. The best example is someone enters your home and attacks you, and you in turn kill the ************. Conceivably you could be charged with a crime. Hell, in the litigious society we live in it isn't uncommon for the families of crooks to sue the crook's victims for wrongful death.
Best advice, instead of killing your attacker, just seriously wound him and let the cops do the rest.
2006-06-17 23:37:30 · answer #7 · answered by dylanwalker1 4 · 1⤊ 0⤋
Depends where you're living.
Different countries have different laws, ask your local policeman what the Law is regarding intruders.
2006-06-17 23:36:32 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You do realise that people might think that you are asking these questions because you are about to kill someone and claim self defence. Why are you asking?
2006-06-17 23:36:42 · answer #9 · answered by vmmc_64 3 · 1⤊ 0⤋
Only if the other dude has a lethal weapon. And you kill him in one shot (i.e. you didn't do it when he's unconscious out of revenge).
And if the Jury is leniant
2006-06-17 23:35:55 · answer #10 · answered by A Shade Of Grey 3 · 0⤊ 0⤋