is it illegal?

Question

is it illegal to shoot someone who has broken in to your home

Answer 1

wow a lot of answers on this one, It is not illegal to shoot someone in your house or outside of it, or even on a public street if you meet the following criteria. First the person you are using deadly force on must represent a immediate risk of serious harm to you, such as pulling a gun or knife or other types of weapons, not limited to weapons but this generally the reason.
The affirmative defense of self-defense.
Most states use what is called a affirmative defense of self-defense. What that means if you where to kill somebody or attempt to kill for self-defense the burden is for you to prove that force was justified, usually the evidence required is about (on a table 51% or higher that is was reasonable) Most states will send you to court to prove self-defense.
most states recognize once you use deadly force on someone, such as a gun or knife it doesn't matter if you just go for the arm, what matters is the type of force and what it could cause (ie. deadly force)

Answer 2

Laws vary by state... In certain municipalities they have gone so far as to make certain handguns illegal (which is against the constitution) so that if you shoot someone entering your home you're not only going to be tried for attempted murder but also illegal firearms...

However, many states consider it self defense when you shoot an intruder in your home. It has to be VERY clear though that the person who is being shot at poses a threat to the resident and was NOT invited to enter (forced entry etc).... even then if you kill them you will likely receive a manslaughter charge. It's all up to the jury if you go to jail or not!

Answer 3

In almost every state, you can only use deadly force to protect yourself from an immediate threat of deadly harm. What, however, is reasonable? That is up to the experts (12 people who cannot get out of jury service). Its your word against the bad-guy (who is either dead, or comes to court from jail, becaue he is still guilty of burglary.

So ... you thought he had a gun (who is to dispute this), in YOUR house, and you thought he was going to shoot the gun (even if he didn't have one). You yelled STOP OR I'LL SHOOT, and he didn't stop. You had no choice.

What I am saying is ... in most states, if you say that you saw a stranger in your house so you shot him -- no defense, because deadly force was not necessary to protect your safety. However, as a matter of proof, the state would have a hard time convincing a jury to convict you.

Incidentally, this is a very common form of murder -- but almost never a bad guy. You hear a noise, get your gun, see an intruder, and shoot you son/daughter, who came home in the middle of the night from college to surprise you. Ooops. It happens far more than you might think.

Answer 4

Typically it is called defense of habitation. You may also have to show that the three factors for deadly force were presence. The factors would be did you felt threatened, did you feel your life was in danger, did you believe this was necessary to avoid injury or death to you or your family. All should be proved pretty easily when you shoot an intruder in your house. The fact that he used force to enter your home would be pretty good justification, i wouldn't think he was there for any good reasons!

Answer 5

Yes- you can only use 1 level of force more against them than they use against you and unless you have special training you are not going to know where that line is. If they are physically threatening you and show intent to seriously harm you or a family member you can shoot them. Other wise you just have to call police. Or try to take 'em down weaponless. You can not shoot someone who comes in to your house and steals your dvd player unless he tries to harm someone. Even then, you can only shoot to stop, not kill.

Answer 6

Only if they present a clear and present danger to your life or the lives of someone in your home. If they are running out the door with your big screen plasma TV, then no.

Answer 7

depends if you shoot them while there in your home i don't think it would be but if you find out who it was then shoot them a week later yes. But also if they were in your home but didn't have a wepon the way the justice system is today you never really know........

Answer 8

Where i am from,Ontario,the police say that you have to call them if someone breaks into your home and that "you will be charged if you hurt someone in your home"at least that's what they said to my uncle when someone had his big head in his bedroom window and was trying to get in his house.He told the police that he was gonna hit him and they said"then we would have charged you"i don't understand this because i want to feel safe in my home knowing my husband can protect me from intruders but he can't we are suppose to call police and ......take it from there.

Answer 9

Nope, just make sure that you get them in the front, not the back. If they say they made a mistake and were trying to flee and you shot them, you can get in trouble. Shoot them in the chest, or front and say they were attacking you.

Answer 10

It depends, the law is different in different states. You should get acquainted with the laws in your state, it is your civic duty to do so and abide by them. You are charged even if you didn't knowfully commit the crime. Its best not to own a gun because the danger of getting shot yourself goes up.