Let's say that someone breaks into your house, and you see them carrying a knife or a gun. They don't see you yet though, so they haven't attacked you yet. But you grab your gun anyways and you shoot them. They die.
Will you be charged with murder?
2007-09-23 16:13:15 · 6 answers · asked by introversive_guy 3 in Politics & Government ➔ Law & Ethics
Stealing property using a knife or gun?
2007-09-23 16:46:47 · update #1
Charged? Maybe.
Convicted? Possibly, but Probably not.
2007-09-23 16:18:07 · answer #1 · answered by Citicop 7 · 0⤊ 0⤋
Maybe yes, maybe no. Depends on the state.....don't count on walking, though. You'll probably be charged with a lesser offense (unless it's Louisiana, where you can defend property as well as people).
2007-09-23 23:18:38 · answer #2 · answered by Marlon M 3 · 0⤊ 0⤋
You will be charged with murder -- you will plead self defense and the homestead exception (aka the Castle defense) -- depending on the jurisdiction, you will probably succeed.
2007-09-23 23:20:07 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
In my criminal law class, they taught us that as long as the person has stepped over the threshold and into your home, you can use deadly force against them. So it seems to me that you wouldn't be charged.
2007-09-23 23:35:26 · answer #4 · answered by coolshades 3 · 0⤊ 0⤋
yes charged yes convicted in almost eveyr state. you must be in danger to kill yourself. them being in ur house is not a danger they cuold have been stealing property.
2007-09-23 23:33:27 · answer #5 · answered by blktan23 3 · 0⤊ 0⤋
as long as you kill them inside your house it should be ok...
2007-09-23 23:22:40 · answer #6 · answered by Kirk Neel 4 · 0⤊ 1⤋