if someone broke into my house can i shoot them to death?

Answer 1

Well, here we are. Your castle is intruded.
WHAT HAPPENS IF I SHOOT A BURGLAR?

Legal Opinion by Leo Himmelsbach- District Attorney, Santa Clara
County (for the Neighborhood Guardian)

What happens if I shoot a burglar? Depending on the
circumstances the shooting may or may not be justified. If it is
not, you may find yourself facing charges of murder; or if the
shooting is non-fatal, of assault with a deadly weapon.

Within the past two years in this county, a young man was
convicted of manslaughter because he elected to shoot a fleeing
burglar who had entered a closed business premises at night,
but who fled on being discovered.

The courts of this state have held that deadly force may be
used only when a burglary if " forcible and atrocious", one which
reasonable creates a fear of death or great bodily harm.

Second degree burglary, (entry of a dwelling while unarmed
in the daytime or entry of a commercial building in the daytime
or nighttime) in and of itself does not constitute a dangerous
and atrocious felony. To be classified as a dangerous and
atrocious felony, the circumstances must be such that a
reasonable man would believe his life or that of his family or
guests is in imminent danger of death or great bodily harm. It is
the reasonable apprehension of death or great bodily harm, not
the burglary itself that may justify shooting the suspect.

Once the suspect is fleeing, even with your stolen property,
shooting him is not justified. Call the police.

An example may be helpful. On returning home in mid-
afternoon to a supposedly empty house, you discover a stranger
disconnecting your stereo set. He flees for an exit. You cannot
shoot him. However, if he is armed with a gun, drawn knife or
other deadly weapon, and appears ready to use the same, you may
shoot. The fact of committing a burglary while armed would
ordinarily constitute a dangerous and atrocious felony creating
in you a reasonable fear of great bodily harm.

Entry of a dwelling in the nighttime, whether or not armed,
if first degree burglary, yet in and of itself does not justify
the use of deadly force. However, because of the stealth involved
and the fact that the occupants are likely to be home, and often
in bed, the very circumstances would suggest a reasonable
apprehension of death or great bodily harm. In a darkened room,
you are not required to ascertain that the burglar is armed
before you shoot.

In summary, where the character and the manner of the
burglary does not reasonable create a fear of great bodily harm,
there is no cause for the extraction of human life or for the use
of deadly force. Shoot only if you reasonably believe your life
or that of other occupants of your household are in great danger;
otherwise, call the police.

In summary-2, It appears that we really don't want to do
anything that will interfere with the intruders activities since we
can be charged with murder or be sued by the intruder for hampering
his activities. Two more strikes of (anykind!!) and you'd be OUT!!!

Answer 2

Better ask a lawyer where you live rather than rely on advice from this site. It is too big of an issue to trust to the advice of strangers. In most states you do not have an absolute right to shoot someone to death except if your own life is in imminent danger (which can sometimes be a cloudy issue). Check with a lawyer.

Answer 3

Not sure about if to death, but when I lived in Kentucky many years ago and this guy tried to break into my house, the police told me that I could only shoot him once he was in the house (I pointed the gun on him while he was outside and he ran). They told me that if I would have shot him while he was outside, I would have been in trouble. Luckily, the guy was caught some weeks later.

Check with your local police. That's a start.

Answer 4

You need to find out your states legal laws concerning self defense. Many states, southern that is, have something called a Castle Doctrine which enables a person to shoot intruders. Other states, typically north eastern and western, you must justify it by providing evidence of immediate death or self injury. The unwritten rule though is better to be tried by twelve then carried by six. I would research this topic online and find out the law concerning self defense and home defense. Each state has its own rules concerning citizen defense.

Answer 5

That depends!! Louisiana has a shoot the burglar law. If the guy actually broke in you can shoot him and are protected by law.

Louisiana also has a shoot the car jacker law. If someone is trying to take your auto it is legal in Louisiana to dispatch the SOB to a warmer climate.

Guess what!! The dems/libs hate us.

Answer 6

If you're a good shot.

Actually, yes, this is legal. You're allowed to use deadly force to protect yourself inside of your own home. If he's breaking in, make sure he's all the way in. Then he's an intruder. If you kill him while he's just entering and his body falls outside the house, there's potential for a lawsuit because you'd have to prove he was actually in the house and a danger and not just trespassing. Stupid legal fact... but very true.

Answer 7

To protect life and property, yes. But not after the fact. In other words, you can't chase them out into the front yard and scatter them on the lawn.
Do you live in a rough part of town or did this just happen to come up in conversation?

Check with your local poilce for specifics.

Answer 8

Yes, probably.

I remember one case from Texas, where an old war vet woke up in the night and shot 4 kids who were stealing his wheels. the vet shot them all with an automatic weapon, including a kid who was just sitting in the back of the get-a-way car. The kids were all unarmed.

The vet got off.

I pass no value judgement here, but yeah, you may be able to kill someone to defend you property.

Answer 9

Totally depends on the state and the circumstances. Regardless, you can't shoot them and then stand over them loading another 6 rounds into them... nothing excessive and you should be fine.

Answer 10

NO! The laws of different states differ, but basically, the only time you can take another's life is in self defense. If a burglar comes at you with a weapon and you feel you or your family are in danger of being killed, only then can you use deadly force. You better be prepared to prove it in a court of law in case there are questions as to your act. Check your local law enforcement agency.