A person breaks into your house?

Question

If a person forcefully breaks into my home.... What would that person have to do for me to be able to legally gun them down? Please give me examples....

Answer 1

When the police arrive, you would have to be able to articulate a basis for deadly force. This would require a reasonable and immediate fear for your or others' safety/lives. To add to the answer involving the Castle Doctrine:
States with Castle Doctrine in place
Alabama
Alaska
Arizona
California
Colorado
Florida
Georgia
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Missouri
Nebraska
New Hampshire
Oklahoma
Rhode Island (11-8-8)
South Carolina
South Dakota
Tennessee
Texas (effective after 9-1-2007)
Washington
West Virginia

Answer 2

If you want the legal answer without any opinions...

you have to be in fear for your life or of a very serious bodily injury.

The crazy stories you hear about robbers being shot and then suing the home owner are greatly exaggerated.

The notion that you can shoot anyone who enters your home unlawfully is also mistaken.

You need to be able to articulate a reason for shooting, otherwise you can be charged.

Police officers face this question all the time, and have even gone to trial for shootings that were ultimately justifiable. This is why most police officers who have been in a situation where deadly force may be justified have refrained from using it.

The civil liability and legal repercussions will be excruciating if you're shooting was not ruled justifiable.

It's a very blurry line.

Answer 3

When a person forcefully breaks into your home, that person has then become a threat to you and your family. You have all the legal right to shot that person,but only if they are completely in your home. At that point it is self-defense.

Criminal Justice Major

Answer 4

I don't know where you live, but in Oklahoma they have what's called the "Make My Day" law. Which basically states that anyone who comes into your "dwelling" without your knowledge may be shot. It's sort of a vague law and lawyers can basically twist it and stretch it to make it suit whatever case they may be offending. Your state probably has one similar. Most states will justify the shooting of a burglar in your home if you feel your life is threatened--provided you don't shoot him in the back or they'll use the excuse that he was on his way out, which means he was no longer a threat. I'm sure your state has something similar. I would jump on to a state website and look around. I'm sure you'll find something. Good luck! And I certainly hope that you're never put in a position where you might have to kill someone.

Answer 5

WOW! A seemingly simple question ... that is almost impossible to answer with the information given!

Jurisdiction: In the USA? You probably fall into one of three categories!

Manditory retreat? (some states require homeowners to retreat from even violent offenders when ever possible, fortunately these are few ... and getting fewer).

Stand your Ground? (Other states allow you to protect yourself, and your belongings with lethal force just for the perp entering your premises without permission and, therefore, presenting himself as a threat, more and more states are falling into this category ... thank GOD).

Make my DAY? (A few states allow deadly force even after the immediate threat is passed! Even after a perp has left the premises and is escaping a homeowner in one of these few, blessed, states can shoot to kill. The homeowner/head-of-household/shooter will probably have to show he shot the right person later in court, but that is the cost of a free society!)

Not in the USA? I haven't got a clue!

Bottom line ... Ask a Law Enforcement professional (police officer) or lawyer in your area!

Answer 6

If they forcefully enter MY home, I believe my life is in EMINENT DANGER. EVERY state allows lethal force in cases of an eminent threat to your life. Some states may disagree with my interpretation of an eminent treat. I prefer the "better to be judged by 12 than carried by 6" rule. That means I would rather be a LIVE defendant then a DEAD victim.

Answer 7

well, one police officer actually told my dad and I to make sure there is only one side of the story. But I believe once you feel threatened you have the right to protect yourself by any means. Now that doesn't mean you can sit out on the front porch with a shot gun and wait for someone, because that can be thought of as trapping them even if the same person has broken into your house three days in a row. Different states have different written rules on the subject, but mainly they all say if they break in and threaten you or you truly feel threaten you have a right to protect yourself by any means.

Answer 8

If the break in occurs during daylight you would have to show that the burglary had a weapon. The screwdriver or crowbar would do. If the break in occurs at night and the house is in darkness blast away.

Answer 9

properly in case you will shoot them be certain that they gained't press attack quotes against you. i've got heard of a narrative while an interloper tried to interrupt right into a house by using a pitcher sky gentle, he fell by using and injured himself and necessary to pass to well-being middle, he sued the home vendors and gained the court case. No comedian tale. in straightforward terms a warning reason it counts as attack in case you shoot him, regardless in case you're protecting your self. Any weapon is a deterrent, yet while the intruder has an more desirable one, i'd evaluate status down, positioned money right into a panic room.

Answer 10

Check you state for the "castle doctrine". It's my understanding that if your state has the castle doctrine, just breaking into your home is justification enough to use deadly force. In other states, they may have to threaten you with a deadly weapon or physically attack you. In others still, you may not use deadly force at all. It all depends on where you live.