If sombody breaks into my house (god forbid), and god-forbid I kill then, (god forbid). Would I be a murderer?

Question

If somebody breaks into my house (God forbid), and God-forbid I kill then, (God forbid). Would I be a murderer?

Assuming they were an uninvited tresspasser and they didnt just walk in (ie. I was sleeping and were in my basement come thru the basement window). Also assuming they didnt carry out any other crime besides b+e..?

Could I be charged for murder?

(god-forbid i kill theM..not then

I'm in New York.

Answer 1

Extremely unlikely.
Law LOVE to acquit home owners defending their house.
Self defender in his own house is the darling of the law.
This is called the Castle Doctrine.[1]
Basically most jurisdictions will not require you to flee your own house. If you see a trespasser IN YOUR OWN HOUSE it is usually enough reason to reasonably feel threatened for your life, and thus use deadly force without trying to flee first(which would be required if you were not in your house)

Check if you live in of these staes:
http://en.wikipedia.org/wiki/Castle_Doctrine#U.S._States_with_Castle_Doctrine_Laws_in_Effect
or in UK

Also if you don't, it will still be very hard to get the jury to convict.

Answer 2

Depends on the state. In most states you have the "duty to retreat" and contact the police. In a situation like you described, your life probably would not be in danger so it is unlikely that you would be justified to use deadly force.

However, in some states breaking into someone's house is justification to kill them.

The truth is that its always best to avoid taking a life if you can help it. The trouble that it would cause, even if you aren't charged, would be enormous.

God forbid.

Answer 3

I have studied this, but I am not a lawyer, and this is not legal advice. See a lawyer if you really need legal advice.

This is known as deadly force self defense.

In your home, you may use deadly force to defend yourself if you reasonably believe that the intruder is about to murder or ravish (rape) you, and that he can only be stopped by immediate use of deadly force. In your home, you are not required to try to retreat first.

So some of the things the court will look at are:

Was your belief of imminent death or rape reasonable?
(If you are 250 pounds, and a judo expert, and the intruder weighs 150 pounds, and is unarmed, the belief would probably be considered unreasonable.)

Could the intruder have been stopped by use of lesser force?
(Would pointing your weapon at him have stopped him? Was he drunk, and could you have merely subdued him?)

Was it necessary to use the deadly force immediately?
(Was he in your backyard, while you were in the house, or was he in very close proximity to you? Was he passed out on your sofa, or rushing toward you?)

Good luck!

Answer 4

no longer murderers. right it extremely is the record:- a million. American Inquisition 2. Goan inquisition 3. Pacific Islands inquisition 4. Destruction of African cultures 5. Terrorism in India's NE. 6. Slave commerce The record is limitless. extremely Bible is explanation why those form of acts have been dedicated. i'm beneficial in the event that they did no longer stick to Bible they might not have dedicated those acts a minimum of western Christians.

Answer 5

It does depend on your state. However, the sole fact that they broke in doesn't give you license to kill them. Their just being in your house without your permission doesn't permit you to blow them away.

The law does not permit you to use deadly force to protect personal property, just human life, and in limited circumstances.

In general, when you are confronted with the threat of physical harm from another, you have a "duty to retreat" before using deadly force in self defense. This means you have to run away to safety if you can. If you cannot escape to safety, you may only use force to defend yourself in proportion to the threat presented to you. So for example, if someone was chasing you with a wiffle ball bat, and you couldn't escape to safety, you can't shoot them. You can, however, grab a wiffle ball bat of your own (or a similar nonlethal weapon) and use it to defend yourself. Once the attacker is incapacitated, and no longer presnts a threat to you, however, you can't just keep whaling away on him with the wiffle ball bat. (You sick puppy. I know you wanted to). If he attacks you with deadly force (is weilding a knife or gun) you may respond in kind.

The exception to the duty to retreat doctrine is if you are presented with a threat of physical harm in your home or at work. If you are in your own home, and someone threatens you with physical harm with a wiffle ball bat, you don't have any duty to retreat. You can just go right after them with your own wiffle ball bat. Again, once they are incapacitated, you can't keep beating them senseless, however. If they have a knife or gun, however, you may use deadly force to protect youselfif you had a reasonable fear for your life.

If they are in your home and only stealing your television, you can't use deadly force agasint them unless you have a reasonable (under the circumstances) belief they present a threat of physical harm to you. So if all he's doing is trying to walk out the door with your tv in his arms, you can't just shoot him. You can't use dealdly force to protect property- in this case, your television.

Answer 6

yes, in most states, if there is not evidence they had intent to harm you, and if you have the opportunity to merley run out of the house and let them steal what they wanted, you can not kill them,