What are the legal ramifications of using a taser on someone who enters my garage illegally?

Question

I've had this happen on several occasions and it usually occurs on weekends (teenagers looking for beer or something in our garage refrigerator).

What I'd like to do is lie in wait for some clown to enter my garage on a Friday night. As he exits my garage, I'd like to taser him & teach him a lesson. Is this legal? Could I rough him up a bit then throw him in the street? Would I go do jail? I want this nonsense to stop. And, yes, I close my garage door as often as I can, but sometimes I forget. Nonetheless, I shouldn't have to worry about someone - anyone - trespassing onto my property at any time. How do I know a person's not going to enter my house and do something to my wife/kids? I look at it as I'd be defending myself.

I realize this may sound wierd, but other than installing a video surveillance system, it's all I can think to do. I have to physically catch someone "in the act" I believe - and that's nearly impossible unless I tape it.

Answer 1

In short, you are not permitted to use excessive force to defend your property. That being said, each jurisdiction, and even each judge, has a different idea of what "excessive force" is. To be safe, you're better off contacting your local police department for advice. They should be able to advice you on what could possibly be considered excessive force.

If someone actually has entered your home, you do have a right to defend your family and yourself. You can arm yourself against an intruder, and if you feel threatened, you have a right to neutralize that threat, but only to a certain degree.

There is a big gray area around what is considered reasonable and what is considered excessive. I would consult your local police department for advice. They should be able to help you out in this situation.

Answer 2

The legal ramifications are jail time for assault with a deadly weapon.
The civil ramifications are a wrongful death lawsuit filed by the victims family if they die, or an injury lawsuit filed if they are injured.

If it were me, I would lock the refrigerator.
An alternative is to close the garage door on them and call 9-1-1. They are burglars because they entered your garage with the intent to steal beer. Tell the 9-1-1 operator that you have a burglar trapped in your garage. I promise you that the police will be there ASAP.

Answer 3

it might depend on what state your in, but usually you have to prove that you were or someone you knew was in imminent danger of bodily harm for any physical force to be categorized as "self-defense." So I'd go for the security camera instead. And make sure you close the garage door from now on.

If you see it happen again and recognize the kid's face and know him (i.e. he's a neighbor or something) you can report him to the police. He probably wouldn't lie about it when faced with severe legal penalties for perjury. This would keep him and/or his friends from doing this again.

Answer 4

really to get the best answer to this question would to ask your local law enforcement agency. i think though, if you lie in wait with the garage door open, and then tasered the dude, you will be charged with assault because you entrapped him and he will get off with a simple entering with out permission and maybe for stealing a beer mainly because he didn't enter a area where you or the family sleeps, a lot harsher crime. it would be best for all concerned to remember to always close and lock the garage door and if the punks break in tase all you want.

Answer 5

Well it depends on what state you live in. Here in Colorado it's legal to use lethal force on someone entering your home with the intent to cause harm. So if someone came barging in through my front door with the intent to burglarize me I can shoot him dead without legal ramifications. Move to Colorado and you can put all the beer you want into your garage without having to close your garage door! HA HA sounds wonderful does it not?

Answer 6

Washington, D.C., Maryland, Rhode Island, New York, New Jersey, Wisconsin, Michigan, Hawaii, and certain cities (e.g., Chicago) and counties bar citizens from owning tasers.

If it's permitted in your state, you can't use it as an offensive weapon, or if the person is running away. If you're being physically threatened, you can use it.

Answer 7

This varies greatly from state to state. For example, in Texas, you have the right to shoot to kill in this situation. Here in New Jersey, if you tasered this guy without some clear threat you would be arrested for assault and battery.

Answer 8

With the Tazer you never know whats going to happen, you might just shock and awe him or it might kill him. I think you should find out who his parents are and ask them for his lastest medical examine. When they ask you "what"? Tell them your intentions are to light his *** up when he breaks into your garage. Maybe the problem would stop or maybe you might just have to lock him in the garage and subject him to Celine Dion for hours.Just a thought~

Answer 9

IF THEY ARE WALKING AWAY FROM YOU IT IS NOT SELF DEFENSE. IF THEY HAVE A HEART PROBLEM AND DIE YOU WILL BE CHARGED WITH MURDER. LOCK YOUR GARAGE. IT IS NOT LEAGAL FOR YOU TO TOURTURE SOME KID FOR STEALING YOUR BEER. HIS PARENTS COULD SAY YOU KEEPING BEER IN YOUR UNLOCKED GARAGE IS AN ATTRACTIVE NUSIANCE AND SUE THE CRAP RIGHT OUT OF YOU. MAYBE IF YOU DRANK LESS BEER YOU WOULD REMEMBER TO LOCK YOUR GARAGE. AND IF YOU HAVE THE TIME TO LIE IN WAIT AND TASER THEM YOU COULD JUST AS EASILY LIE IN WAIT AND TAPE THEM. AND BEATING THEM UP IS ASSULT AND BATTERY.

Answer 10

First off, it depends on the state where u live. But, in most cases, if the person is trying to leave, you can not harm him. However, if you can prove that you were scared as he broke and entered, then you ok... shoot.. kill em and drag them inside..