To what extent of harm are you allowed to inflict on a burglar on your property caught in the act?

Question

I hate them, I just want to know what I can do to them when I do catch them. We got a bad neighborhood....

I live in California.

Answer 1

If you shoot them, make sure it's inside your house. That's all you need to know.

Answer 2

In of itself, burglary is a property crime where there is unlawful entry of a structure with the intention of committing a serious crime such as theft. It is not classified by the Department of Justice as a violent crime. For the sole act of burglary, retaliation may not be justified. However, if the “victim” has a reasonable belief that the burglar intended to commit a serious crime such as harming the homeowner or other occupants, then the homeowner may be able to use defense to justify his/her actions. In the event the burglar only intended to “break in” and then damage the home, it probably is not justified.

In having said all that, California is well known as the frivolous lawsuit capital of the world. There have been cases where a burglar sues a homeowner for injuries sustained while “breaking in” or because a homeowner “assaulted” the burglar. Therefore, no matter what you think the law is defined as, there will be a lawyer, judge, or jury out there somewhere willing to believe the lies and misspoken claims of a criminal and his/her defense attorney. On the other hand, you may also come across law enforcement officials or others in the criminal justice field willing to ignore a homeowner’s assault or killing of a burglar if it means that there is one less criminal out there terrorizing society.

Where/when it will end, I do not know. What I do know is that it will get worse before it gets better.

Answer 3

You should review the laws of your state to be sure. However, in general you can use the force that is reasonable to repel an attack and to stop the loss of property to theft. If you believe that you are going to be killed or seriously injured then you can use deadly force to stop the attack. If you believe that a third party will be killed or seriously injured then you can use deadly force to protect a family member inside the house for example. You cannot use deadly force to stop property theft. So, if the burglar does not attempt to harm you or someone else and only takes property and runs, then you can use the force necessary to detain him and secure the property. Some states have recently passed laws that say that if a person breaks into your home, then the law assumes they are there to harm you and not to take property and you can then use deadly force. Indiana and Kentucky both recently passed such laws. Call your local law enforcement agency and tell them the trouble you are having and get advice from a detective on the applicable law in your area.

Answer 4

Fact of life. If you harm anyone and they are still alive then they can sue you for damages. Yes even the criminal that is intending to hurt you.

Either make sure they are dead or do not touch.

there have been many lawsuits brought by criminals while in prison and they have won a lot.

I should say this would be for the USA as that is where I was raised. I bet a lot of Europe is the same.

Answer 5

Blue eyes is a typical of what I actual have heard many circumstances from many Brits I 've have been given mine so because it fairly is all that concerns I care approximately my young infants and their young infants etc regardless of if i've got been eunuch i could sense ill if i observed into the destiny and found my great united states did no longer exist as i comprehend it.i actually have confidence with this widely used state of strategies there of path continuously be a place referred to as the U ok besides the undeniable fact that it properly no longer be the U ok i understand immediately yet than i'm in easy terms a conceited yank

Answer 6

Some states all you can do is run out of your house. Other states let you kill them.

Better ask a lawyer first before you end up behind bars and the burglar sues you for battery or wrongful death or something.

Answer 7

If you feel they are threatening to harm you or someone else you have the right to defend yourself to any extent. At least that is how I understand it. (If they come in and drink a beer and watch your TV and agree to go when you walk in, you are not allowed to harm them, although I suppose you could get them in trouble for stealing your beer)

Answer 8

You could call the cops and wait. They would be there just in time to take pictures of your dead body and write a report. Better check with your local authority on using lethal defense.

Make sure they don't crawl out of your house it you have to shoot em.

Answer 9

You will be better off calling the cops.
Yes I know it is not much consolation, but if you assault a burglar you could easily wind up in jail.
Why not try a community watch program, burglar alarms,a dog, etc.

Answer 10

Depends on the laws of your state. In ours, if the perp is in the house and doesn't want to leave, you can put them in a bag. Gun owners deter more crime than the police can calculate. Hope you are armed and practice responsible gun ownership.

Answer 11

Depending on the threat level, you have the legal right to shoot him once (wound) if he's got a weapon or you feel that he's a serious threat to you and your family.