If someone breaks into your house can you kill them.?

Question

Here is the situation: Someone breaks into your house without your consent can you kill them? Your not sure if they are armed. They have not exercised deadly force yet.

Answer 1

Depends on which state you're in. I know that in GA, if they break into your house, you are required to first try to get away from them (hide). You can defend yourself and your family if they then go out of their way to track you down. Then if they threaten you or a loved one, your first obligation is to neutralize the danger without using deadly force. Deadly force can only be used as a last resort and is not to be used to defend your stuff.

The whole logic behind this is that the law does not see your material possessions as being worth more than a human life (no matter how scummy that life is).

Like the first answerer stated though, man traps are never allowed.

EDIT: Also, Florida passed a law last year that residents are not only allowed to carry concealed weapons, they are also allowed to use them with deadly force if they even perceive that their persons are being threatened. I guess that means deadly force is definitely allowed if someone enters your home without being invited. The state is the only one to allow such a defense.

Answer 2

you generally must be in fear for your life, then it's ok to blast away.. hopefully you live in Arizona or Colorado or Texas... home to the make my day laws.. there the use of lethal force has been expanded.. to the point where you can take the attack outdoors and keep firing..
but keep in mind just because you do defend yourself and you may be charged.. ultimately it's up to the jury to convict.. and lately there have been some cases where even though the person in question broke the law, the jury felt empathy for the shooter and found them not guilty.

there was a case of a man illegally carry a loaded concealed weapon ( it was loaded and in the glove box ) when his wife went inside to go to the bank to do some banking, she was exiting he bank when 2 robbers had just left. and he fearing for the safety of his wife, got the gun and shot and killed both robbers.. The DA decided not to prosecute. Clearly he was in violation of the law ( and he was not a cop ) but the DA felt that if they tried him they would not get a conviction.

Also keep in mind even if you blast way an are not charged, it does not mena the surving immediate family members will not pursue civil action and sue for punitive damages as was done with the infamous Bank of America shoot out in Los Angeles, the mother of one of the scumbag shooters sued the LAPD.

as they saying goes,, i'ld rather be tried by 12 than carried by 6.

Answer 3

If there is more than one person breaking in to your house, you have the right to defend yourself after you have instructed them to leave. You can use deadly force.

Just make certain they are in the house when found dead and that you honestly believed they were a deadly threat to you or any member of your family. Make that statement to the police when they show up and have other members of your family verify what you say and report to the authorities....

Answer 4

I asked something similar, but I wouldn't wait to find out if they were going to use deadly force, I'd have already zapped them with my stun gun and my Rottweiler would be chewing on their face. What happens after that I will take my time over.

Yeah, I'd kill them, and bury them in the garden. Who needs to know about it? If I call the coppers, they'd throw the book at me for protecting myself and my family. NO WAY.

Answer 5

It depends GREATLY on the state law... you may ALWAYS defend yourself from imminent harm or death !!

Sadly, here in California, the criminal HAS to be armed threatening your life... I recall cases in the 1980's and 90's were a few folks shot intruders... and ended up going to trail THEMSELVES because the liberal DA thought they used excessive force... and the intruders WERE armed !!

The joke in Texas is as long as ya shoot em from the FRONT you're okay !!

I think the laws SHOULD permit you to shoot and kill an intruder... also car-thieves.

Answer 6

In my state you cannot. If you injure someone in that situation, you could be charged. Unless they commit a violent act towards you and yours first, then you probably would be able to defend yourself. The intruder would have to physically hurt or threaten you before you could take action. Other then calling 911, I'd be real careful. I hope this is a hypothetical question.

Answer 7

As long as you are in fear of your life or the lives of your loved ones yes you can. I am and have been told to say just that if it were to ever happen. And only if they are INSIDE the house. If they get outside and run you cannot use deadly force.

Answer 8

No you cant even hit or physically attack them because if you do they can get you for assault. Yes it sucks but ca law describes self defense as protecting yourself from being injured by holding up your arms, blocking punches,etc. if you shall hurt an intruder you can be charged but do remember the intruder was in the wrong and I'm sure the jury would see that as well but killing someone would be more than self defense

Answer 9

If they pose a direct threat to people in the house, yes.
It doesn't matter if they have actually started their attack yet,

But automated traps are not allowed, because lethal force cannot be used to defend mere property.

As with most things, laws vary by state. Check your local listings.

Answer 10

Legally, it usually requires a legitimate fear of death or serious injury. If you decide to defend yourself, shoot to kill. The last thing you need is a lawsuit from the intruder.

My opinion is mine and may not resemble actual law in any jurisdiction.