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19 answers

The biggest misconception out there is that they already have to be in the house. This is false. If someone is breaking into you house, your property, you have the right to use deadly force, even before they are in the house. You have the right to defend your life and you property.

Another misconception is that if you have a way out of the house, you must attempt to use that before you use deadly force. This also is not true. At anytime that they are in, or attempting to get in, you may use deadly force, even if you could walk out the front door of the house. The reasoning behind this is that no person should be forced to leave their house to flee a burglar, even if there is a way out. You home is your castle, and these days, it seems it needs to be a fortress.

2007-01-06 10:46:38 · answer #1 · answered by ? 5 · 0 1

In Canada, unless you have an objectively reasonable fear of death or grievous bodily harm, and no alternative to avoid such harm, the answer is No. In the U.S., it varies by State. Forensic evidence can go a long way in these matters - it isn't true that, just because there's nobody there to contradict your story, you're self-defence claim will necessarily succeed. Killing an unarmed burglar, for example, in Canada would be quite likely to result in a conviction for second degree murder or manslaughter, depending on the circumstances. Moreover, trigger-happy home defenders are far more likely to kill a family member than an intruder. If you're concerned about home security, a good alarm system will serve you well, and the first thing you reach for should be a telephone, not a firearm. (In Canada, you really can't have firearms for home defence. There are plenty of restrictions on what firearms you can own, and how they must be stored - in a nutshell, the firearm and the ammunition must both be stored securely and separately.)

2016-03-28 23:34:32 · answer #2 · answered by Anonymous · 0 0

Two2Fly is right. It varies from state to state. In my state, you can kill to protect your property. The others who said it was a self-defense issue were right, too. How do you know a person breaking into your home is only there to steal your property, not kill or injure you? Don't give me the best answer. The other folks were right, too.

2007-01-06 10:46:28 · answer #3 · answered by David M 7 · 0 0

Generally speaking, no. To use deadly force, you must show your life was in imminent danger, or that you at least believed that to be the case. The person would need to be armed, and you would have to be trapped with no way out. If you had a gun and the intruder was unarmed for example, then there is no way to show that deadly force was necessary.

You can only use deadly force to protect yourself or another person; you cannot use it to protect property.

2007-01-06 11:43:07 · answer #4 · answered by Anonymous · 0 0

In the state of Georgia you can legally shoot to kill if you feel that without a doubt your life or the life of someone with you is in danger. Basically if someone is comming at you with a gun or knife you are free to defend yourself, it doesn't matter where you are.

2007-01-06 10:36:03 · answer #5 · answered by me 3 · 1 0

you could have got away with it but by asking this question you've made it premeditated. now there is no selfdefence , or insanity plee. its a preconceived notion that if you have a home invader your going to kill him. this makes it murder. their plee can be as simple as "i was hammered and walked into the wrong house". but a bit of advice if you do kill somebody be sure to drag them into your house if they were killed outside. it will increase your chances of beating the case if you killed him inside.
all though look at OJ. if you have the cash then your never guilty. you can kill somebody at the mall and it wouldn't mater

2007-01-06 10:45:42 · answer #6 · answered by mcdanight 2 · 0 1

This depends on the state in which you live. Most have laws regarding self defense, where you can use deadly force if you are at risk. Some states actually have laws where you can use deadly force for trespassers, provided you warn them.

2007-01-06 10:40:45 · answer #7 · answered by CPT Jack 5 · 1 0

If someone is breaking into your house and trying to harm you, yes its self defense.

2007-01-06 10:49:19 · answer #8 · answered by Anonymous · 2 0

Deadly force can be used to defend yourself or someone else from death, serious physical injury, kidnapping, or rape.

(In Missouri.)

If you legitimately believe that your life is in danger, self defense would be a defense to the charge of murder.

2007-01-06 10:35:26 · answer #9 · answered by Citicop 7 · 3 0

It depends on his intentions,if someone breaks into your house,you have the right to protect your family and your property and no court will find you guilty.So shoot and ask questions later!!

2007-01-06 10:38:40 · answer #10 · answered by sasyone 5 · 1 1

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