my insurance man said not to shot anyone even if I defend myself from a robber as most robbers don't carry guns..is that right?
2007-02-13 01:09:45 · 47 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
tell you a funny true!!! story I heard in pre-law school....
a guy breaks into a house and proceeds to try to steal the chandelier, the chandelier falls from the ceiling, landing on the guy and breaks his leg. Of course this wakes up the family who finds the guy laying on the dining room table with a chandelier in pieces on top of him. they call the police, a few days later they get served with a summons, the guy is suing them for pain and suffering and negligence for not having the chandelier securely fastened to the ceiling.
THE GUY WON THIS CASE!!!! it just shows you what a little lip-pouting and eye contact can do to win over a jury!
Yes you have every right to defend yourself, but be very cautious as others know how to manipulate the system!
2007-02-13 01:22:13 · answer #1 · answered by Athera78 3 · 2⤊ 0⤋
It depends. Some laws state that must be your ONLY option. If you can escape you should. Property does not come before human life. However if you must defend another (such as you can't escape because an infant is in another room) that may be different. If you have a prohibition against psssessing a firearm (felony conviction, DV arrest, or mental illness) then you would be charged for that at least.
2007-02-13 01:22:00 · answer #2 · answered by professorc 7 · 1⤊ 0⤋
Most jurisdictions would consider a shooting of this type to be self defense. The thinking goes like this: If someone breaks into your home they are obviously not up to any good, and as you have a right to ensure your and your family's safety, you can do whatever it takes to stop the intruder from posing a threat. A house is a small space to maneuver in, if you try to just warn him he may be able to disarm you before you can respond. There is an excellent book on this subject by Massad Ayoob called, "In the gravest extreme." I recommend you read it.
DO NOT SHOOT TO WOUND OR KILL!!! YOU WILL BE IN MORE LEGAL TROUBLE THAN IT IS WORTH EITHER WAY. IN SELF DEFENSE, THE BEST APPROACH IS THIS:
"SHOOT TO STOP."
2007-02-13 01:24:11 · answer #3 · answered by 1,1,2,3,3,4, 5,5,6,6,6, 8,8,8,10 6 · 0⤊ 0⤋
Possibly, it depends on the situation. You will need to check with the "Use of Deadly Force" Laws in your state. The fundemental is that you may shoot if there is imminent danger to life, be it your life or someone elses. And it usually has to be pretty clear. For example, if you shoot someone in the back, at that moment you weren't in immindent danger to life then you could be charged. In your house, no, In your house with a weaponand coming at you, yes, leaving your house, no. Those are broad and general, however, these engagement laws change from state to state.
2007-02-13 01:47:05 · answer #4 · answered by zebj25 6 · 0⤊ 0⤋
Statistics show that burglars have a high propensity to carry weapons of any type if for no other reason to protect themselves from the homeowners. With that in mind, I cannot imagine an scenario that someone who is in my house to steal, rape, rob etc, that I wouldn't be in fear of my life and thus deadly force is authorized. Only one exception...they are running away and you shoot them in the back. That would not be acceptable...at least by the judicial system.
2007-02-13 02:10:06 · answer #5 · answered by airstud8265 2 · 0⤊ 0⤋
I had always been told that if an intruder is in my house and I feel threatened, then I have a right to protect myself. Even if it involves using a gun. But, I am not a cop. So...I'm not sure what the general rule is. I guess it would vary from state to state laws. I would not have a problem using a gun if my family or myself were threatened. I would do whatever it took to protect them.
2007-02-13 01:15:24 · answer #6 · answered by Anonymous · 1⤊ 2⤋
Check the laws of your state in which you reside.The laws very from state to state.Some allow you to defend your property with lethal force,some don't.I reside in a state where you can defend your self from burglars and such by any means necessary.
2007-02-13 01:39:51 · answer #7 · answered by one10soldier 6 · 0⤊ 0⤋
If he is in your house and is facing you, then yes you have the right to defend yourself. And I have no idea where he got the idea that robbers don't carry guns from, because that couldn't be further from the truth.
2007-02-13 02:30:22 · answer #8 · answered by kc 3 · 0⤊ 0⤋
Depends where you live. In the state of Florida you have the right to defend yourself inside your own home using any means possible.
Remember, your insurance man's goal is not to make a big payout for a lawsuit if you injure or kill someone on your property. I wouldn't take self-defense advice from him.
2007-02-13 01:12:34 · answer #9 · answered by Stimpy 7 · 1⤊ 2⤋
No, that is NOT right, you have to assume the robber is armed. If he makes a threatening move, like going for a weapon, you have reasonable grounds for shooting him. Yes, in rare cases you can be charged unjustly for a just shhoting. The system is not perfect.
2007-02-13 01:53:57 · answer #10 · answered by WC 7 · 0⤊ 0⤋