ok let's say someone breaks into your home...?

Question

and you dont know if he is armed or not an you shoot and it kills him, did you do the wrong thing?

I am posting this because I answered this question and I got negative responses for suggesting that you shoot the guy,

I am NOT saying that shooting an unarmed person is ok because its not,

but you have to protect yourself and family, it's not like he is breaking in to borrow sugar

if answering please give your thoughts in detail
not write only 'it's wrong'
thanks

Answer 1

Let's start this off with it depends where in the country you are, here in GA and also in FL you are well within your rights to shoot an intruder if you feel you are in danger. If it was me and I found an intruder in my hose it would definitely be shoot first and ask questions later, in today's world you never know what nutters are about, plus it's my property and I hadn't invited them in so they have to take whatever I feel appropriate. I've had enough of these criminals crying about their civil rights when they are blatantly violating mine. Another thing I hate is when you see the "victims" family in this sort of situation saying he didn't deserve to die like that, he was a good boy who got in with the wrong crowd, no he wasn't he was a bloody thief and a burglar and he deserved everything he got!

To get to your point about shooting an unarmed person, I'm not going to put myself in jeopardy by asking that question, if you're in my house either put your hands up and surrender or take the shot.

There I feel better now I have that off my chest.

Answer 2

I guess the reason people have guns is to protect themselves and their property. I particularly don't feel comfortable around guns and don't own one myself, but if one has a gun I think it is in their best interest to know that they would use it should the situation require it. Many people hesitate and then they are the ones that get killed.
Also, with the way this world is today with home invasions and such, you really never know what a person is capable of doing.
Also, you may not have knowledge of whether the person is armed or not but a person can do you harm even without a weapon. For example, if the person breaking in was a very large male and the person in the house was a petite female, the man could very easily overpower her and do her harm. A gun would be an appropriate defense. Also, remembering that a person who is frightened and running on adreneline may not respond or perceive things the same way someone just thinking about it might. They are in the situation and acting in the moment. They are scared and feeling threatened. Since in this situation the person has already entered your home and is trespassing as well as attempting to rob you and possibly do you harm I would say that shooting the person is a viable answer. It may not be the ONLY answer but it is a valid one.

Answer 3

Based on what you described........ If you reasonably feel that your life is in immediate danger, you are allowed to use deadly force to protect yourself, however, you should always consider the totality of the circumstances of the situation.....is the subject armed? If so, what kind of weapon? (bat, knife, gun) Do you have reason to believe that the subject is about to cause harm to you? In so many words, my state laws specify that you can use force (including deadly force) against another person if you reasonably feel that the force is necessary to prevent death or serious bodily harm against yourself. If I were in your shoes, and the subject "came at me"......I'd shoot, however, I would do so with the intent to stop the threat, not to kill. If the subject chose to flee and get away, I'd let them, because you cannot shoot someone when they are retreating, they are no longer considered a threat when they retreat. There's a whole lot of different opinions on this matter. Either way, your best bet is to lock yourself in a room and dial 911 and wait until the police arrive. On the other hand, if the situation presents itself where you feel that you must use force (or deadly force) then by all means do so, however, be sure that the use of force can be legally justified.

Answer 4

The law is not something so simple that it can be summed up in a single page. There are ALL kinds of circumstances you'lve left out.

Essentially, in the U.S. you do NOT have the 'right' to kill anyone. Period.

However, there are many times in which there are mitigating circumstances which provide good reason for doing so, and so there is no prosecution. The use of deadly force to protect your premises is only valid if you can show that no other alternatives were immediately available to you.

Example, you have children and could not immedilately evacuate them along with yourself. (In the case of home invasion, it's fair to assume he's armed, even with no evidence of it.)

Even if there is just yourself, if you're confronted on the second floor, there is no escape for you. You're not expected to injure yourself to avoid injury to someone else.

For my own purposes, if I woke up and found someone entering my bedroom AND I had a handgun ready, yes, I'd shoot him. (No, I don't have kids, so that helps my decision.) Armed or not, I don't have time to determine that. And having just woke up, I'm groggy and cannot be expected to make immediate, rational decisions.

And THEN it would depend on the prosecutor. Some will figure that no jury would convict me for self-defense. Others see themselves as crusaders and will try, in the face of no rational evidence, to convict me anyway. And it will be MY job to spend lots of money on a defense attorney or I'll find myself in prison anyway.

There is no easy answer whether it's 'right or wrong' nor is there even an easy answer whether it's 'legal' or not. YOU... have to answer for yourself whether it's worth all the aggravation. And you'd have better already answered that before it ever happens because there won't be time when it does.

Answer 5

Apparently, it depends on your state and the legality can be determined on a case by case basis. That being said, if someone breaks into my house, they're getting shot. I'd rather spend time in jail, then risk the lives and safety of my family members.


Is it legal to open fire on an assailant who has entered your residence by way of breaking and entering?




It is a case by case basis. There is no law stating it is legal to just shoot someone who enters your home. If they have a weapon and they mean to harm you or it is dark and they come at you and you shoot them in self-defense, you will not go to jail for it (at least I know of no case in which someone went to jail for self-defense). As always, the police will do an investigation (should such a thing happen) and they will determine what happened.

Answer

That all depends on the laws in your State. To use deadly force in some states, you only need to demonstrate that you feared for your life. In other states you have to actually SEE a gun in the hands of the assailant. Check your local laws. If you have a question about that, see what it takes to get a concealed weapon permit. Even if you don't get the permint, going for the class will give you answers to this type of question.

Answer
There are many cases in which a home owner was unable to prove "self defense" was justified, and has been found guilty of manslaughter. In general, you may be required to show that you had a reasonable fear of imminent bodily harm (e.g., saw a weapon and expected the intruder to use it), attempted to avoid having to use force, attempted to flee, and only then used the force necessary to stop the aggressor, which turned out to be lethal. However, some states have a "home is his castle" law removing the obligation to attempt to flee from your own home before defending yourself or others with lethal force. Some states even permit lethal force in defending property.

Answer 6

I understand your view on this issue. I will say that as a gun owner, this is something I have thought about before and it is hard to know for sure what is the right thing. If someone came into my home by way of trespassing, I would never shoot at them with the intentions of killing them. I feel that if that was, however, the result, you would only be protecting yourself and your family. I hope to never be faced with this predicament.

Answer 7

If you don't know, or do not have reasonable cause to suspect, then it is a very hard call.

Abandonning the legal implications -which are all over the board- I suppose it comes down to fear.

There are two kinds of fear- fear of the unknown, and that metallic ckink of a shell being chambered into a 12 guage pump aka emminent danger.

Of course having shot at (and missed) an intruder, it is not the easiest thing to do. but yes if I were in a scary neighborhood I'd shoot again.

Answer 8

The breaking an entering is an act of aggression... if you feel endangered, BY ALL MEANS if you have the ability, you shoot the guy... after all, they person is not there to wish you a good day... there is no good intent of a criminal such as this

I would rather hire a company to clean blood and brain matter off the floor, than have the next house owner have to get my family's and my brain matter and blood cleaned off...

Answer 9

Legally, you are well within your rights to shoot him if he breaks into your home. You do not know if he/she has come into your home to harm you or your loved ones. On the flip side, the person you shoot, and/or their family is within their legal rights to sue you for their injuries or death. Such a crazy world we live in!

Answer 10

I've had my home broken into, and once, a fellow did have a gun. My feelings are very clear. I don't have to SEE a gun or any other weapen on that person to feel in definite fear of my life. If I shoot a man breaking into my home, it was in defense, and that's all there is to it. If I wait until I see a gun, I'm a dead person.