If someone was to intrude into your house.......?

Question

and was burglarizing it; u immediately grab ur shotgun and shoot that individual. Even though he didn't threaten your life and u claimed that u used it in self-defense wouldn't u (in a hypethetical sense) still be charged with involuntary manslaughter. In my opinion it would b a yes since u killed the person wihtout him threatening u. However, one of my professors said yes and other said no, and i am just so confused. Which one is true? I am talking about NJ law by the way. If someone could clarify this conflict i would really appreciate it. Thank you!!

Answer 1

I don't know NJ law...but generally if you feel threatened and shot someone (if that person willfully intruded into your house to burglarize, vandalize, or to harm you or your family)..you have a right to self defense, and most judges would automatically throw out any lawsuits from the victims or their families. Most prosecutors wouldn't charge you with anything....seeing that you were protecting yourself from an intruder.

safe bet is to call the police THEN arm yourself....

hope this helps....

Answer 2

I think it goes by a case by case scenario and there is no definite answer, but worse case scenario would be involuntary manslaughter. Some people just put a weapon in the dead intruder's hand to ensure that they aren't charged. Not a lawyer tho, just based on my reading and some case law I read. The abstractness is in the intruder being inside of an home. For some people that's open season, for law enforcement they say it's overkill unless the intruder made some overt threatening gesture. Personally I think bottom line is whether it's election year for the DA. Wait til after the election and shoot.

Answer 3

the reason you are not getting a straight answer is because law is not black and white. To legally use deadly force, you must establish that you REASONABLY feared imminent death or serious physical harm to yourself or your family. In the siutation you described, must juries probably would not convict, but it will depend on a number of factors - e.g. do you live in a dangerous place, were you alone and vulnerable, was it nightime, was there any reason to think the person was not a burglar etc.. etc.

Here is the law in NJ:

c. the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion.


(2) A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:

(a) The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or

(b) The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.

Answer 4

Here's my theory on this topic. I am a single mother of a small child and if you break into my apt (i live in New Orleans) you better believe Im going pull the trigger. So my point is, if you are stupid enough to go into a single mothers apt (or anybody elses) to rob/rape/scare whatever it may be. youare taking the risk that you might get shot stabbed whatever. you shouldnt have broken into my house I have no pity on people that want to break the law and that "might" hurt someone that isnt breaking the law. I believe years ago there was a burgular that sued a homeowner bc he like fell throughthe attic or something. it was something crazy. So I dont know the law, but you damn well believe your not going to terrorize my home. Well thanks for letting me vent

Answer 5

not sure about new jersey law but in georgia a law was just passed that if you felt threatened whether in your home or on your property you could shoot that person and shoot to kill if necessary. this law was changed because there was several instances where the criminal sued the victims for shooting them while they were in their house and claimed they weren't going to hurt them...the problem with that is he's a criminal, he lies and the other is what moron is going to wait until the criminal is close enough to be considered a threat and then shoot them. i say if someone is burglarizing your home they are there uninvited and endangering yourself and your family that in and of itself is a threat. criminals are not known to be honest otherwise they wouldn't break into your home.

Answer 6

If you feel threatened with bodily injury in anyway by that intruder then shot first ask questions later.... if they are not threatening to hurt you or go after you then call police as soon as you can and get a real good description.

Answer 7

well im not in NJ so im not going to be able to give you a good answer here cause i dont knwo the laws there but i DO know (and i thought this was interesting) here in Arizona, you can shoot and kill a person who enters your house with no quetions asked and if you post a sign on your property saying tresspassers will be shot then you are legally permitted to do so if they set foot on your property. i think its neat (-: legal or not if someone enters my house there gonna die, ill ask questions later, i wouldnt want to risk my g/f being raped or us being murdered becuase im being "considerate" of a burgeler, you do not know there intent ,the only safe route is to assume they are armed and dangerous if there sneaking into a persons home.

Answer 8

our law is really screwed up!! The community we live in here in pa states you can only shoot them if they are hurting you, ya right like I'm going to wait for them to hurt me. No I will shoot because they shouldn't be in my home invading it and I am not about to take chances on them doing something awful to me or my children so I shoot to kill then ask questions later. In NJ you can just say they started going at you and you had no choice but to protect yourself.

Answer 9

"Nicelady" ? Yeah, right. But you're wrong. It's NOT "involuntary manslaughter", as it was intentional... It's a homicide. Some states you can be charged with 2nd degree murder. Don't believe the morons with stupid comments on this web site. Go to the library and look in your states penal code. It will explain what manslaughter, murder,ect is. The book won't lie.

Answer 10

As long as the person does *not* drag himself out of the house... and survive... How does anyone know whether they threatened you or not? His simple unlawful presence is a threat. Absolutely shoot the b*stard.