What are the laws regarding use of force against intruders?

Question

If a pub manager, who lives over the business, surprises two intruders in the early hours of the morning, does he have the right to defend himself and his business by use of force? The only weapons involved were fists, but one of the intruders has been hospitalized. I need help and/or advice from anyone with knowledge of the law.

Answer 1

you have an inalienable right to protect your home

Answer 2

This is a difficult question to answer,but the bottom line is
"did you FEAR for you LIFE" and have to defend your self?There is TOO many GRAY areas to ask first prior to ascertaining an appropiate answer,were there any weapons involved, size of perpurtrators,did they seem on any substances.etc...each state has it's own laws regarding"Defending of self Preservation"you need to talk with an Attorney in your area,try one of those FREE call in shows where you can tell them the "Scenario" with all the facts given,then you may be able to get a definite answer,remember what FACTS you give and/or FORGET to include
may be damaging to you later,Lawyers have a way of Nailing a perfectlly GOOD CITIZEN,in a self defense case,when they inadvertentlly forgot to mention or miss say what happened.even the CROOKS have rights now days even tho they were politically incorrect...what a goverment,every one wants money...(o they were a good m/f until they got on drugs etc,and started hanging around the wrong crowd...lalalalal....heard it all before the story never changes)also of course in a FIST fight(old school)someone is bound to get hurt and just maybe the bar owner was a better trained fighter...than the hooligans..tell your friend that if this is an actual case he had better retain a Lawyer just in case...
sorry I couldn't give you a definite answer, but than again if you were to go by my word ,it could turn south ....so i reccomend he Retain a Lawyer GOOD Luck

ps if any words or typos excuse 'spell check '' was not working,thanks for spell check makes report writing or what ever a breeze now days

Answer 3

If the owner of a business suprises intruders when the business is closed, he has a duty to leave and call police. If they attack him, he can use all necessary force to defend himself.

If, however, the intruders move upstairs, and are now intruders in his HOME, he may, if he wishes, simply shoot them dead. The homeowner may use deadly force to defend his home and property.

In this case, burglars in a pub after closing time, where the building is shared as a residence for the owner, can probably be argued that their intent was to enter the residence, too, and force was justified. (Or that, after closing time, the whole building became the residence. All the pub owner has to say is that he sometimes likes to go downstairs to get himself a drink to carry upstairs after closing time.)

Answer 4

He has the right as other people have said, to use of reasonable force. This is variously interpreted, but as a general rule of thumb it means not escalating the level of violence. So if the burglars approached him and looked likely to attack him, then he would be within his rights to restrain them or punch them back. If he then went on hitting them when they were down or trying to escape, he may have a charge to answer -- probably assault causing ABH -- but it would mean the intruders testifying against him and admitting their own crime -- most won't want to do this! If he was found guilty provocation of the intruders would be taken into account and a sentence would probably be lenient. It doesn't seem fair sometimes, but that's more or less how it goes.

Answer 5

Depends on what state you are in since all states have differnt laws concerning use of force.

Generally, you do not have the right to use force to protect property (this is a commont precept in law).

A few states allow people to use force it protecting their homes, but not businesses. And the home being attached to the business in some states matters, and in some states it does not.

So without knowing the state and the state laws of that state it would not be possible to answer that question.

Answer 6

It all depends on where the incident occurs. In Florida, if somebody breaks into your property, you have an expressly guaranteed right to SHOOT them. In New York, (where I live) I wouldn't be surprised if the intruders ended up owning the frickin' bar. That is, if they get a lawyer. The pub owner better contact a lawyer, just in case.

Answer 7

In the UK you can use 'reasonable force' to defend yourself against attack. What is reasonable depends on the actual or percieved threat from the intruders and would be decided on in court. I think in practice it means you must only use sufficient force to overcome the attackers.

Answer 8

Reasonable force is the name of the game. Basically, common sense.
First, warn them, then if they get aggressive you have the right to defend yourself. This does not mean however, bludgening them with a lamp or cracking their skull open. Its a bit of a grey area really

Answer 9

advice, hire an attorney

It will depend on your nation, and if the US, what state.

Some states have laws that you can not use force unless you can't get away and/or if you are threatened.
So you have to stand there and say "oh my goss don't stell my safe" and watch them walk away with it.

In some states if you can get away, you have to get away not use vilence.

In some states you can use force to stop a felony.

If you live in a state where you were suppose to run away first, he could actually sue you for assualt if you hit him first.

Answer 10

It varies by municipality and state (assuming US). Generally, you can get away with "appropriate force" - in other words, if he hits, you can hit. If you need to kill to defend/save your own life, then you can kill. You'd better darn well be sure you can prove lethal force was necessary since the touchy-feely amongst us (and civil lawyers) love to pick these apart.

People have been jailed despite believing they needed to use force. Others have been sued by the families of criminals who were killed in the commission of their crimes. It's a wonderful world we live in huh?

Answer 11

In the U.S. there is a law that states that you have the right to defend yourself, home, and property by means of force if necessary.