2006-09-17 16:39:39 · 21 answers · asked by LadySwan 1 in Politics & Government ➔ Law Enforcement & Police
I think you meant illegally. There are all kinds of scenarios to this. Depends on if you know them, and if it's premeditated. If you have a fight with someone, and you know they are breaking in to get you, and you set them up, then no, it's murder.
2006-09-17 16:42:46 · answer #1 · answered by Justsyd 7 · 0⤊ 1⤋
I'm in Texas and our Gun laws are pretty straight forward. The big deciding factor here would most likely be, is it during the day or at night?
A crime being committed (such as Burglary) in the cloakness of night, is usually a crime that legally justifies the use of deadly force. They must be on your property, you can not shoot an intruder if he's in the alley thinking about it.
Many states change the way their laws read if the crime is being committed during day light.
The best bet for you is to check with you local law enforcement. County Sheriff would probably be your best bet and then would probably check with the County District Attorney's office. The Sheriff would give you more of a straight forward answer.
Good luck and safe and happy hunting.
2006-09-17 23:41:26 · answer #2 · answered by De Expert 3 · 0⤊ 1⤋
Not precisely sure how the law reads for ohio, but I know here in Florida, it states that the only way you can be justified in shooting an intruder in your home is if they pose a threat to you or another person. If you were to surprise an intruder and they imeediately attampt to flee, then they do not pose a threat and you cannot be justified in shooting them. So, after you shoot them for violating your home, shoot them again in the chest and put a claw hammer or some other weapon in their hand. And, yell help alot and loud enough for witnesses to hear.
2006-09-18 00:05:16 · answer #3 · answered by quntmphys238 6 · 0⤊ 0⤋
in the days when the average citizen had more rights than a criminal you could actually shoot them as soon as they entered your home. (btw you can not legally "break" into someones home) in today's more liberal society you may only use the force that is necessary to protect yourself. i.e. if the person breaking in does not have a weapon and you shoot them that would be considered unreasonable force and you might face criminal charges. believe it or not you are supposed to lock yourself and your family in a room and allow the person to take whatever they want. it is the job of the police to investigate and capture the perpetrator. if you approach the criminal with a gun you become the aggressor and are responsible for the outcome. the constitution forbids unusually harsh punishment. killing a person for trying to steal you television set would be considered unusually harsh. check with your local solicitor to be sure. no matter what the outcome of this scenario it would be up to the solicitor whether charges would be filed or not.
2006-09-17 23:57:30 · answer #4 · answered by handyman5218 3 · 0⤊ 1⤋
Yes, but you have to legally prove that you or your family were in fact in danger. If you kill someone who breaks into your home holding what appears to be a weapon but isnt, then chances are you would be faced with manslaughter or murder charges yourself. Its a split second decision that you have to be very careful about. Also, Ive read where people have broken into others homes and have sued the homeowners for mishaps.
2006-09-17 23:54:27 · answer #5 · answered by Guido32 2 · 0⤊ 0⤋
IF YOU FEAR THAT YOU OR YOUR FAMILY IS IN IMMINENT DANGER OF DEATH OR GREAT BODLILY HARM YOU MAY USE DEADLY FORCE TO STOP AN ATTACKER IN THE STATE OF OHIO.
HERE'S WHAT I TELL MY FAMILY. CUT BACK BIG BUSHES AROUND YOUR HOUSE THAT COULD HIDE PEOPLE. OUTSIDE LIGHTING ALONG WITH MOTION SENSOR LIGHTING IS A GOOD IDEA. HEAVY DOORS WITH HEAVY DEAD BOLTS THAT ARE IN SOLID WOOD AND NOT THE DOORS FRAME IS A GOOD STEP IN THE RIGHT DIRECTION. DOGS ARE A GREAT DETERENT BUT YOU ALSO NEED TO HAVE A PLAN THAT YOU AND YOUR WHOLE FAMILY KNOW. IF SOMEONE IS BREAKING INTO YOUR HOME AND YOU CAN GATHER YOU AND YOUR KIDS INTO A SAFE ROOM...HEAVY DOOR AND LOCK, CELL PHONE, LAND LINE PHONE AND FLASHLIGHT...GREAT. CALL 911 AND ANNOUNCE TO THE INTRUDER(S) THAT THE POLICE ARE COMING AND FOR THEM TO LEAVE. IF THEY APPROACH YOUR SAFE ROOM AND TRY TO BREAK DOWN THE DOOR...LET LOOSE W/ DOUBLE OO BUCKSHOT THROUGH THE DOOR. YOU COULD SAY AT THAT TIME YOU BELIEVED YOUR LIFE IS IN DANGER. I SAY ATTEMPT TO BREAK IT IN CAUSE KIDS GET OLDER AND COME IN AT VARIOUS TIMES, SPOUSES WORK SHIFT WORK AND YOU'D HATE TO MISTAKENLY KILL A LOVED ONE. IF YOU ARE NOT ALLERGIC, A MEDIUM OR LARGE SIZED DOG IS YOUR BEST DEFENSE. HOPE THIS HELPS.
CALL YOUR LOCAL POLICE DEPT. SOME HAVE CRIME PREVENTION OFFICERS THAT WILL COME TO YOUR HOUSE AND GIVE YOUR HOME A SECURITY INSPECTION FOR FREE. HOPE THIS HELPS.
2006-09-18 00:14:30 · answer #6 · answered by dillenger 2 · 1⤊ 0⤋
I live in Ohio but don't know the answer. I wouldn't want to shoot anyone who entered into my house in a legal fashion.
2006-09-17 23:41:52 · answer #7 · answered by osunumberonefan 5 · 0⤊ 1⤋
No but you can legally shoot someone who breaks into your home. If the break into your home legally then it's not "breaking in".
2006-09-18 08:06:51 · answer #8 · answered by Barry DaLive 5 · 0⤊ 0⤋
No, if he broke into your home legally (like a firefighter during a rescue), you have no right to shoot him. If he broke into your home illegally and was threatening your life or the lives of your family, you could shoot him all you want.
2006-09-17 23:42:58 · answer #9 · answered by Califrich 6 · 0⤊ 1⤋
I live in Ohio and cops have told me to make sure you kill the intruder while he's inside the house. If he happens to fall back outside the window, you're in trouble.
True, cops aren't lawyers, but they generally know which way the wind blows.
2006-09-17 23:44:45 · answer #10 · answered by Paladin 4 · 3⤊ 1⤋