Is it illegal to shoot someone iF???

Question

When someone is in their home and someone breaks in.If their half in your house and half out can you go to prison for killing someone or do you think this is self defense

Answer 1

Not only is it illegal but if the guy survives he can sue you. Under the common law of torts:

Defense of Property Threatening Deadly Force:
A person using force intended to cause death or serious bodily injury for the purpose of preventing or terminating the intrusion upon a person's possession is priveleged but only if, the person reasonably believes that the intruder unless excluded or expelled will cause death or serious bodily injury to the person, or a third person or a person the person is privileged to protect.

Only if the man is armed and you reasonably believe the person is dangerous may you shoot him without liability. If the man is completely unarmed and you shoot him in the foot, he will see you in court.

It does not matter if he is halfway in your house or not. The law is rarely based on arbitrary hard-line rules like a child's game. The court will look to see if you were reasonable in using deadly force to defend yourself, you may never used deadly force to defend your property even if it is your home.

Answer 2

"Is it illegal to shoot someone iF??? When someone is in their home and someone breaks in.If their half in your house and half out can you go to prison for killing someone or do you think this is self defense."

The quick answer to your question is "It depends."

Since I have the benefit of answering after over 30 others, let me first say that any answers here that say it is definitely one way or the other are just plain wrong.

It all depends on the laws in your state. Some states have imposed a "duty to retreat" before resorting to the use of deadly force-- meaning that if you can reasonably flee from an aggressor you have a duty to do so. If you live in such a state, then your use of force in the situation you described might be deemed excessive and you might be charged with a crime.

Some states consider the home your "castle" and uphold your right to defend yourself AND YOUR PROPERTY when you are in the home (even where there might be a duty to retreat in other circumstances in that state). Deadly use of force in the situation you describe would then be defensible.

The vast majority of states will weigh your actions against the reasonable person standard. In those circumstances, would the reasonable person feel it necessary to use deadly force to protect themselves (and, if allowed, their property)? If not, then you may be prosecuted for your use of "excessive force" through a variety of charges. And, of course, in many cases you may be brought to civil court by the victim or the victim's family for some personal injury or wrongful death suit.

Suggestions that you "drag them in" after shooting them are largely jokingly offered (I hope). If you do shoot and kill someone, there will be an investigation-- some more thorough than others. And if the investigators discover forensic evidence that contradicts your version of the events, then even where you might have been acting legitimately, your actions will be placed in doubt. It's actually better to shout a warning at the intruder and wait until they clear the windowsill before firing. and if you can't wait that long because you're too scared, then that's what you tell the police. It is that fear that justifies your use of force.

Since many firearms in the home are turned against their owners, people who want to keep a loaded firearm in the home for self-defense should learn all the local laws applicable to the use of deadly force, practice with their weapon on a regular basis, and get prepared for a variety of scenarios.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 3

In an American Court Sytem, Life is viewed more valuable than property. If someone breaks into your house, and steals a TV and you walk in and shoot to kill. You will go to prison. You must use reasonable force to protect your property. Killing them is not a reasonable in the eyes of a court system.

If someone breaks into your house, THREATENS you then you can shoot in self defense. Killin them in self defense may still get you in prison. It all depends on the situation, judge, lawyers, etc... What most people do not understand is that the court system views life more valuable than property. So unless you are in a very threatening circumstance you cannot kill the thief.

Answer 4

This is a tricky hypo that would make a good law exam. You can only use as much force as is reasonable to stop the threat. So if they are half in- you really can't kill them because it is unreasonable force. But shooting them, if you were honestly in fear for your safety would be reasonable self-defense. Unless of course they said "i'm here for the TV!" then you could not shoot them regardless. You cannot shoot someone to protect your property.

Answer 5

Here's what John Locke has to say on the subject.

"This makes it lawful for a man to kill a thief who has not in the least hurt him, nor declared any design upon his life, any farther than by the use of force, so to get him in his power as to take away his money, or what he pleases from him; because using force, where he has no right to get me into his power, let his pretense be what it will, I have no reason to suppose that he who would take away my liberty would not, when he had me in his power, take away everything else….the law…cannot interpose to secure my life from present force, which if lost is capable of no reparation, permits me my own defense and the right of war, a liberty to kill the aggressor, because the aggressor allows not time to appeal to our common judge, nor the decision of law, for remedy in a case where the mischief may be irreparable. "

Legal? Every State has different laws. In Arkansas if you break in you're fair game. I am not required to retreat from my own home. I wouldn't think once you forced open the door it would be necessary for me to wait for you to fully enter to open fire. Their are cases where someone beating on a door trying to get through have been shot and killed through the door. And the the shooting was considered justified.

Other states have recently passed "make my day" laws where you are not required to retreat at all. You can stand your ground and if attacked respond with deadly force.

An armed society is a polite society.

Answer 6

I have always been told that if someone breaks into my house to make sure they are all the way in and not outside. Then you can shoot and claim self defense.

Answer 7

Even if they are half outside they are still on your property. Only in some states it's legal to kill someone for self defense. If you are in a state that doesn't let you kill then just shoot him to injure them or just point the gun at them.

Answer 8

Even this it is not self-defense unless they directly harm you or someone else in your home. If they break in and you're in the room, and all they want to do is steal your TV, you'd better just let them have it instead of shooting them.

If you shoot someone you know, the cops might want to get a warrant to search your computer history. Look what they'll find!

Answer 9

The law on this varies greatly. Normally yes this will be illegal, since they are not a threat to your safety at this time and you still have the abilty to run and get out of your home.

Many states still require you to try and escape before you can use physcial force.

And most of the others require you to be in some level of dange or fear for your life.

A couple would allow you to shoot them once they were in your home. ( made sure they fall in the widow not out

Answer 10

That's absolutely in self defense. The bottom line is, if someone is threatening you or your home, you have the right to self defense, including shooting the guy.