There is a thief in my neighborhood who has knocked off several houses in the past few weeks. If this person enters my house, am I held responsible if I injure the thief to get him arrested and prevent him from stealing my things? Could I be charged with a crime?
2007-12-08 03:15:04 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you use UNreasonable and UNnecessary force to stop or detain a burglar (or any criminal) you could be charged criminally and also held civilly liable (he could sue you).
If you can catch and detain him for police without getting yourself hurt in the process, I say, go for it, Batman! And if he fights against your efforts to detain him, you ARE allowed to defend yourself. But only using REASONABLE and NECESSARY force. If you get all gung-ho and hurt him or kill him (unless you're in Texas, of course) you're going to get yourself in trouble. In Georgia, USA we can only use DEADLY force to prevent a forcible felony. If someone is stealing your T.V. and you shoot them or hit them in the head with a bat, even if they survive, you've used deadly force against them and you're going to wind up answering to a Grand Jury unless you can show that you were in fear of life and limb. If they decide (after hearing all the evidence) that you didn't act in a "reasonable and prudent" manner, they're going to indict you and you'll find yourself on trial for manslaughter or murder. Especially if they find an Internet trail of questions showing you've been planning to "OFF" the first criminal you can find :-)
2007-12-11 20:40:53 · answer #1 · answered by pike942 SFECU pray4revival FOI 7 · 1⤊ 0⤋
You may not be responsible criminally, but you can be sued by the thief in civil court. There was a case here where a homeowner, placed a sign on his door stating that trespasser would be shot.
Well, sure enough someone broke into his house and the homeowner shot him and the thief sued him in civil court for injuries he received from being shot.
It's completely stupid, but that's our legal system for you.
2007-12-08 03:25:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I'm afraid so. You're supposed to use "reasonable force" only to protect you and yours. Did you not hear about that Norfolk farmer who went to prison for killing a burglar and wounding another with a shotgun? He's out now, after a tremendous outcry.
2007-12-08 03:33:16 · answer #3 · answered by champer 7 · 0⤊ 1⤋
As long as you can show that you were in danger of loss of life or property and the thief was actually in your home, you can claim self-defense.
2007-12-08 03:18:06 · answer #4 · answered by TheOnlyBeldin 7 · 3⤊ 0⤋
depends on the force you use. If your planning on shooting him make sure hes facing you when you do. if you shoot him in the back they could charge you with murder because it looks as if hes trying to escape. i dont know about stabbing but thats what i would go with. and then there is always the good o'l dirty likins lol. good luck
2007-12-08 03:21:25 · answer #5 · answered by Mczero 2 · 0⤊ 0⤋
Actually , yes. That's how pathetic this country has become. HOWEVER, if you KILL him you're in the clear. Just make sure you kill him in a ROOM OF THREAT.Just another catch in the rules of why crime pays more than honesty. Don't mame him either, he MUST die or you're in the crapper again. Isn't this a great copuntry. I wish a member of the A.C.L.U. ran for President !!!!
2007-12-08 03:25:57 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Not as long a it's self defence!! Plus your preventing him from robbery. This person is robbing your home, he/she is on your property unwelcomed, you have every right to prevent him/her from getting away with it, so NO you wouldn't be liable if you injured this person.
2007-12-08 03:40:14 · answer #7 · answered by 24Special 5 · 2⤊ 1⤋
if you shoot him make sure he is
1. in your house
2.DEAD...this is important,if he lives he can SUE you for shooting him
3.make sure you are in danger of or in fear of loss of your life or your family's...loss of property is not good enough to shoot him
4.be ready to deal with the guilt caused by actually taking another life..this is tough i know Ive been there
what it come down to is if you are afraid for you life or your family's life ...weather he is arm end or not...and you can prove your fear ..you will not be charged with a crime...but if he lives through the shooting or whatever...he can sue you in civil court and probably win....ain't that a kick in the butt he is in your house and yet he can sue you....go figure that one out...my advice....don't do anything if you can help it...your possessions can be replaced but a human life...possibly your own if he is arm end...can not be....just make sure your homeowners insurance covers theft...good luck
2007-12-08 03:27:31 · answer #8 · answered by redrockerdrummer 4 · 0⤊ 2⤋
In many states, if you only injure them, you have to pay for their medical, legal (as they sue you), and and "cost of living" since they can not work while they are recovering, but if you kill them, it is self-defense as long as the body is inside your house. If the body is outside, it is murder.
2007-12-08 03:31:32 · answer #9 · answered by Anonymous · 0⤊ 2⤋