Is it legal to kill a burglar? If a stranger would come in your house in the night, would you try to kill him? It would be a stupid law, if killing a burglar is only legal, when he tried to kill you. I really don't want to wait until he points his weapon at me. In this case it's too late to defend yourself.
2006-09-18 08:23:16 · 12 answers · asked by Kay 1 in Politics & Government ➔ Law Enforcement & Police
Bound's hubby here:
It really varies by state. Some states have "castle laws" that allow the homeowner to protect themselves, their home, their property with any intrusion. Some states don't.
In New Jersey, a homeowner does not have that legal right. In New Jersey, the homeowner must exhaust all avenues of retreat before they use force against an intruder. In New Jersey, if a homeowner uses force they are subject to prosecution at the discretion of the prosecutor.If the homeowner is frail, infirm, sickly, or female they have a lesser chance of being indicted than a healthy male. In deciding whether to indict, the prosecutor will take into consideration the level of force used by the homeowner. If the homeowner used less than or equal force than what was used against them they will probably not be indicted. But if the homeowner uses greater force or is skilled or trained in some method of self-defense chances are much greater that they will be indicted.
2006-09-18 08:39:09 · answer #1 · answered by Anonymous · 1⤊ 0⤋
This is a state by state question. In Washington state when I lived there in the late 80's to mid 90's it was legal. My home state today is NOT legal and you would be crimanlly charged accordingly!
Did you know that most home owners killed in a burglary get killed by their own weapon! If you provide a weapon, the burglar will probably use it on you if he/she is desperate enough. That's why it's a good idea to call 911 for HELP! Police officers are held to different accountability than citizens!
2006-09-22 02:46:35 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I actually saw on T.V. where a burglar sued a guy that shot at him. The guy that shot at him was the owner of the house. I would just be careful if ever in the situation. Even if legal, there are still loop holes.
2006-09-18 08:35:08 · answer #3 · answered by HAYLEY 2 · 1⤊ 0⤋
Laws vary by jurisdiction (state and country).
Generally, in the US and most common law countries, if someone breaks into your house, and you consider them a threat, you can use lethal force to defend yourself in your home. You don't have to wait until they actively try to kill -- the breaking into your home is generally considered a sufficient threat to support a claim of self defense.
Laws vary by jurisdiction, so it all depend on where you are whether that particular reasoning is followed or not.
2006-09-18 08:45:16 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
Depends on the laws in your state. If an intruder comes into your home, you have every right to defend yourself and your family. It would be considered self defense. You don't have to wait till the gun is in your face. But you had better make dang sure that person IS IN your house before firing! Should they be just outside your threshhold, you're going to trial on murder charges!
2006-09-18 08:33:42 · answer #5 · answered by yokrem 2 · 0⤊ 0⤋
It depends on where you are. Even in the most strict jurisdictions, you can kill somebody if you are reasonably in fear for your life. In places like Texas, you don't have to be in fear, and it doesn't have to be for your life. for instance, you can shoot the guy coming to repossess your truck, outside your house.
2006-09-18 09:31:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
some states such as pa require you to retreat out of your dwelling if you can do so safely you must check your jurisdiction to see what the rule of law is. in texas for example you dont need to retreat.
2006-09-18 08:41:30 · answer #7 · answered by titanbooboo 3 · 0⤊ 0⤋
In most US states you can not use deadly force unless your life is in danger, so if you merely shot them as they were climbing in your window, you could be charged with murder in many states.
2006-09-18 11:48:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If you are in reasonable fear of your life, or if a person breaks into your home, you have the right to shoot him. It's assumed that he's there to cause you harm.
2006-09-18 08:29:05 · answer #9 · answered by cross-stitch kelly 7 · 0⤊ 0⤋
It varies from state to state. Probably in most states, you'd better have reasonable fear for your life. Sux, don't it?
2006-09-18 08:33:12 · answer #10 · answered by Anonymous · 0⤊ 0⤋