I know this is ridiculous, but I've often wondered.
2006-10-19 15:20:04 · 21 answers · asked by rk 2 in Politics & Government ➔ Law & Ethics
Self Defense could be used when there is no unlawful provocation on the person attacked as provided for in the Penal Law. In this case, a burglar committed unlawful provocation. Thus, he has no right to claim self-defense.
2006-10-19 15:37:24 · answer #1 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋
By definition burglary is trespassing with the intent of committing a felony. Therefore, the burglar would already be in the wrong. Further, the fact that he is armed with a weapon would elevate the offense to aggravated burglary. These took place before the home-owner pulled the gun.
It is probably reasonable for the homeowner to pull the gun to prevent the commission of the felony on his property. Since you did not mention whether the homeowner actually fired the weapon, I will assume that he did not. If the burglar shoots the homeowner, even if in self-defense, it will become aggravated battery, or even attempted murder. The homeowner was actually acting in self-defense, this overrides the burglar's claim to self-defense.
So, the short answer to your question, whether the burglar has a legal defense of self-defense, is no.
2006-10-19 22:31:31 · answer #2 · answered by Cody W 3 · 2⤊ 0⤋
Laws vary considerably from state to state.
In general, a homeowner is presumed to be fearful of his or her life when someone breaks into his or her house. This does not give the homeowner free license to shoot the burglar. If the burglar is escaping, for instance, than you are in no danger, and the self-defense argument goes out the window.
If the burglar is armed, (which is rare) then fear is entirely justified, and you better shoot him before he shoots you.
When the police come, they don't necessarily know that you are the good guy. Be prepared to put down your weapons and be taken into custody until they sort things out.
2006-10-19 22:31:13 · answer #3 · answered by Computer Guy 7 · 0⤊ 1⤋
In most states, the legal resident of a home may shoot an intruder to kill without warning even if the resident was not in imminent fear for his or her life. Outside the home, the states vary on whether a person has to have the opportunity to retreat before using deadly force. In the home, the resident gets to use deadly force even if it is not clear whether the intruder is armed. If the intruder resorts to deadly force, it is a murder while committing a felony, usually an aggravating factor for a jury to consider in determining whether the felon should face life without parole or the death penalty. So no, no right of self-defense for a burglar. In your question, if the homeowner pulls out a gun, the burglar is screwed because even if he surrenders, the homeowner does not have to take him prisoner.
2006-10-20 02:31:23 · answer #4 · answered by mattapan26 7 · 0⤊ 1⤋
There would be no self-defense because because of the situation the burglar is putting himself at risk and is breaking the law. And, if he shot the homeowner he would also be charged with manslaughter or murder if he was found.
The homeowner has the right to protect his domicile. But, if it was proved that the bugler was running away or had his back to the homeowner, then the homeowner might be guilty of a crime even though his home was invaded.
TX Guy
2006-10-19 22:31:19 · answer #5 · answered by txguy8800 6 · 0⤊ 1⤋
No, because the homeowner is protecting himself. The burglar is tresspassing. However, if a burglar has broken into a home with a gun, do you really think he's going to get off on a self-defense plea when he goes up for murder?
2006-10-19 22:22:51 · answer #6 · answered by sunshineandsilliness 2 · 4⤊ 0⤋
The burglar can never shoot in self defense. Unfortunately the homeowner isn't always allowed to claim self defense if they shot first. I think they should be allowed, but I don't get to dictate law.
2006-10-19 22:48:09 · answer #7 · answered by STEVEN F 7 · 1⤊ 0⤋
If the burglar/thief/tresspasser is fleeing, no. If the guy is armed also and aiming, maybe. If the person poses an immediate danger to you or your property,(wife,kids,plasma tv) yes.
This changes state by state. If the burglar wanted you dead, you would be. Burglar has the drop on you, gun drawn,****** and loaded, why are you still alive to shoot him. Because it is not the burglars intention to commit murder. The burglar just wants some stuff so it can be sold to buy food for his family, or whiskey.
2006-10-19 22:34:51 · answer #8 · answered by Anonymous · 0⤊ 1⤋
The burglar can do whatever he can...if he's in my house, scaring me, I can shoot through walls to make my point. I hope the sound of me cocking the gun will be enough to make them leave. If not, they are fair game in my mind. They put themselves in that situation...no self defense crap during a crime here in Texas. We play for keeps.
2006-10-19 22:29:35 · answer #9 · answered by connie777lee 3 · 1⤊ 1⤋
Here in Ga. the laws are set up for the guilty. Unfortunately, we have had alot of cases similar to that. Fortunately enough, the burglar did not have a chance to sue due to the fact he was dead. But you would find the answer you are looking for in your local and state laws. I say "SHOOT FIRST, ASK QUESTIONS LATER!!"
2006-10-19 22:31:08 · answer #10 · answered by ? 2 · 1⤊ 1⤋