I am wondering, let say i have a gun, or a baseball bat, or a knife or whatever, and someone breaks into my house, and i end up killing him for my safety and my families safety, would i end up going to jail or getting in any trouble?
Because today was a wake-up call, i came back from work, to see my garage door wide open, and i took my dagger and searched the house to be sure.
2007-04-02 06:56:49 · 19 answers · asked by evilprince 2 in Politics & Government ➔ Law Enforcement & Police
I think its stupid, for me to wait for him to attack, and what if i shoot him but i am not sure he really has a gun or not?
There is no way of me telling if he has a deadly weapon or not.
And another question to add, what if he runs a way and i shoot him in the legs/arms so he cant escape would i also go to jail?
2007-04-02 07:15:36 · update #1
If the burglar was unarmed, then you would go to jail. You can only use the amount of force necessary to neutralize the threat. And you can only use deadly force if there is imminent threat to your life or a third party...so it really depends on the rest of the circumstances.
Edit* Shooting, even with the intention to wound is using deadly physical force. You can find this in case law. And no you cannot use that level of force to stop a fleeing suspect.
You do not have to wait for him to attack, but unless you fear for your life, and other people would reasonably fear also, if they were in your shoes, then you cannot shoot. Even if they are in your home. If they are not armed, you wil have a tough time proving to a jury that there was am imminent threat to your life.
2007-04-02 07:01:11 · answer #1 · answered by zebj25 6 · 3⤊ 0⤋
depends on where you live, most states in the US you would be justified in defending yourself, family, and property. However, in UK a burglar was breaking into a house when the owner shot him with a shotgun. The burglar didnt die, sued the owner and won. Not only that the owner was sentenced to prison for assault. Also if you are going to shoot someone shoot for the torso. If you try to shoot him in an arm or leg, miss, and the bullet goes through the wall and hits a neighbor or someone walking down the street you are responsible. That can be a charge up to manslaughter.
2007-04-04 21:02:13 · answer #2 · answered by txpolice_85 2 · 1⤊ 0⤋
Whether or not you are charged with assault or attempted murder or murder, etc. would depend on the facts of what happens after you grab your weapon and find the intruder. Does the intruder attack you forcing you to defend yourself? Does he try to escape and you chase him down and attack him? You are only allowed to use the force necessary to protect yourself or your family. You can only use deadly force if the intruder is using deadly force against you or your family. In order to get a self defense verdict, you would have to prove the facts indicating that you or your family were in iminent danger of life and limb. If you can detain the burgler without harming yourself, your family or the burgler, then you can turn him over to the police when they arrive. If the burgler escapes and gets away, leaving you and your family safe, that is okay too. You cannot fight back unless you or your family are in imminent danger. If not, then yes, you can and will be charged with the crime against the burgler.
I hope that helps.
2007-04-02 14:05:56 · answer #3 · answered by rac 7 · 1⤊ 0⤋
If the burglar physically attacks you or a family member and you fear for your life, it would be considered self-defense, or defense of others. But, if you sneak up behind the burglar and kill him, you may be in some trouble.
In a somewhat related case, you probably heard about the burglar that fell in the person's house he was robbing and sued the owner because he was injured. The burglar won! So, I feel this puts a little doubt in my mind as to whether you would get off completely.
But, I think in most cases, a burglar does threaten the lives of you and your family and you could claim self-defense or defense of others.
2007-04-02 14:04:28 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Don't take a knife to a gunfight. Second, call the Police on 911 and tell them you have a intruder and you FEAR FOR YOUR LIFE, and how you are behind a locked door, then if you shoot this fool, you did everything to retreat, its documented on tape, especially if you even suspect he has something in his hand, and make sure you say all this over the 911 call. Dead men tell no tales!
2007-04-02 14:07:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depending on where you are, you might only be detained for questioning.
HOWEVER, the baseball bat thing. Will get you some serious jail time, unless you kill them on the 1st swing.
Excessive force...can not be used. You can't continue to beat the guy/gal.
But, if you just shoot them.....oh well. If they continue to come at you..a second round may be necessary
2007-04-02 14:04:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If someone is in your house you have full right at that time to kill him just be sure to only attack him till he goes down their are laws about over use of force. But if you do kill him (or anyone else) just be prepared to justify what you did in front of a court.
2007-04-02 21:00:31 · answer #7 · answered by mediik2 1 · 0⤊ 0⤋
I have had this same conversation with the local law enforcement. You need to have the person in your house to kill them in self-defense. If he's in your front yard or something, you can't kill him. But, the best way to be for sure is to talk to a lawyer and a local law enforcement agent.
2007-04-02 14:01:21 · answer #8 · answered by Brown-eyed girl 4 · 1⤊ 0⤋
Yes you will go to jail if you attack the burglar but if it was self-defense you will probably not go to jail. But talk to a police officer or lawyer just to be sure.
2007-04-02 14:08:24 · answer #9 · answered by firelord277 1 · 0⤊ 0⤋
Depends if you live in a civilized state.
You should always call the cops first, by going into your house you put yourself at risk. What if there had been someone and they had a gun?
2007-04-02 14:01:05 · answer #10 · answered by George D 3 · 1⤊ 0⤋