If a home intruder breaks into your house, and you hurt/kill them, are you responsible and incur any penalties

Question

Let's say, you kill them or severely injure them in some way, can they charge you with murder/assault?

In New York, can you severely injure or kill a home intruder (armed or not) without risking civil penalties?

Answer 1

OK, let's wrap this up.

If someone breaks into your home, you are allowed to only use NON LETHAL force to subdue that person. If the burglar is brandishing a deadly weapon in the home, ***only then*** are you allowed to use LETHAL force to defend yourself.

If you shoot or stab a burglar in the back as he/she is fleeing the scene, it is MURDER unless you are a peace officer, because it is no longer self defense.

Answer 2

I am not fully familiar with New York but yes in many states you can be sued for harming or killing an intruder. In New York you will be in bigger trouble should you use a firearm to do it. I live in Oregon, and have lived in Arizona, Texas and Utah. In those states it is generally said, using a firearm, if you must shoot, shoot to kill. Dead people do not tell conflicting stories. But, in using a firearm, you definitely want something non lethal like pepper spray. Whatever your defence, you want to say you were prepared and preferred to use non lethal means. Pepper spray is probably best for most people. Get the stuff made to repel bears though, about 3 times stronger than the police stuff. Remember too that many other weapons can be taken away from you and used against you. Another recommendation for pepper spray. Hurts like hell, but you'll fully recover in a couple hours.

Answer 3

Sadly, this happenes all to often. Especially with new devices such as the backup ("a new bedside rack for your shot gun"). You would need to prove even though they broke into your home that you and/or your family were in danger and the only way to avoid your own personal misfortune was to inflict damage upon the intruder. These laws change state to state and each have their own ridiculous standards. For instance in Texas you can legally shoot someone on your property below the knee as long as they are facing you. Its crazy but protect yourself and family and worry about it later.

Answer 4

There is always a risk of civil and even criminal charges when someone assaults another person. Self-defense would have to be proven. the fact that someone breaks into your house does notnecssarily mean that you're life or physical well being are in danger.

Answer 5

each state here in the US has laws that differ when it comes to home intrusion. i live in Texas and our law states that in case someone does that, one has the right to shoot to kill, no questions ask. we just need to be sure the person IS inside your home. this is a law that's been in effect since Texas has been a part of the US since the mid 1800's. (1845). one thing i've been told is....IF you hurt them you can be accused of attempted murder, even tho they broke into your home. so the RIGHT thing to do in a case such as that is to finish the job. this has been told to me by more than one police officer. i'd check on that concerning the 'home intrusion laws' where you're from.

Answer 6

Yes. You can be sued for personal injury and have to pay medical bills. Very stupid in my opinion but it happens quite often.

Answer 7

yes- in states that have no 'stand and defend' or 'castle doctrine' laws in effect you are more likely to have a civil suit brought against you for damages you by your victim...

Answer 8

Yes it is a criminal offence.u have to prove tha u did this in self defence.Had u not hurted him, he would have hurted u or even yr life might be in danger.

Answer 9

well there is always a risk,.....but if you kill them it is your word against nothing,.....dead men tell no tale,.....