If someone broke in your house and tried to harm your family but you stopped him?

Question

and accidentally killed him, would you be done for murder or would the courts see it as self defence?

Answer 1

murder has to be pre meditated ( you go looking for them) so even with a crap lawyer the worst they could do you for is manslaughter (a half decent jury would let you off with that one )

Answer 2

Circumstance and what state you are in will determine the outcome. If he was killed 'during' the commission of the crime, there is no reason you should be penalized. If an attack was attempted, but the perp stopped and tried to flee, that's a different story. But for the most part, you have the right and responsibility to stop any attack on you or your family, with any force required.

Personally, I don't care where I am or what the circumstances... anyone in my house that doesn't belong there, I can assure you, will not be getting out under his own power.

Answer 3

Briefly, in order to prove murder at least in Scotland, courts would have to prove that you had a "guilty mind" and were at least intending to kill. As usual, the question of what constitutes sufficient or too much self-defence crops up again and again. This country has now gone completely mad tho' and many victims are now prosecuted for somebody violating their privacy and health. I understand why a man or woman retaliates when their home or family are threatened.

Answer 4

Depends on where you live mate!! if you are in Britain you would go down for a long time cos' you were in the wrong because you assaulted the thief without asking him , " hey what are you doing in my house" and getting all that on tape for your evidence. If you don't get all of this you are a criminal and you deserve to be locked up while the poor thiefs family can cash in on your little mishap. But if you live in the USA you can blow him(or her i'm not sexsist) away with your gun , and become a hero , because you have just stopped the intruder , taking your hard earned items and cash ,, , there you go ! please think of the thiefs family first and let him take all of your hard earned items before you take control ,,, bloody stupid goverment being bloody stupidly politically correct , they see the victim as the accused , what the f**king hel environment do we live in .

Answer 5

This was on the news not too long back, they changed the law and said that if u accidently kill an intruder then it'd be classed as self defence. Even if it was intentional killing, still self defense.

Answer 6

I lived in South Africa for many years and when we had attempted burglary at our home whilst we were in bed my husband called the police. he asked the question what if he had shot the robber (we don't have a gun). The police mans advice was that if that had happened that he was to give the gun to me and leave the premises drive around and return later. They would not charge a woman who was in the House with two small children with anything, but they would have charged my husband with mans slaughter or even murder. It has happened that when person is trying to protect their property that they have been charged with murder when a intruder on your premises has been shot. In one case the owner of the property actually caught the man stealing his TV and other items and shot him and went to jail for 10 years.

Answer 7

Each case is different and without knowing specifics it's almost impossible to say for sure. However, if you were defending your family within your home and you killed the assailant, there aren't too many juries in the US that would find you guilty of murder.

Answer 8

Well! for a start, he would be trespassing, but if you did accidently kill him, I think the courts would accept it, as self defence and probably reduce the charge to manslaughter and with a sympathetic jury, you would be found 'not guilty' !!!!

Answer 9

Here in England, UK reasonable force can be used to defend oneself. If it is accidental and the judge and jury see that the death was not intentional then there would probably be no punishment. However, nothing is certain in this world because we all make mistakes.

Answer 10

The court would see it as self defense.

Answer 11

You have the right in Britain to protect your home with "reasonable force".

However no one seems to be able to decide what reasonable force is. With me it's a sharpened katana in the neck if you come anywhere near trying to breask in my house... but I doubt the courts would see it that way.