Shooting a home invader

[amdforever2]

So, this is supposed to be legal right?

What happens when the police come after you shoot them? Do they arrest you and the invader or just the invader? In court, you can't get in trouble right?

 

[Orsorum]

I think it depends on the circumstances.

 

[VBboy]

Originally posted by: amdforever2
So, this is supposed to be legal right?

What happens when the police come after you shoot them? Do they arrest you and the invader or just the invader? In court, you can't get in trouble right?

When the police come after you shoot them, they will be very unhappy, being shot at and all


English rulez.

 

[VBboy]

Let's say someone breaks in and you shoot that person.

If during the course of the investigation it turns out that your lights were on and you could beyond all reasonable doubt see that it was a 10-year old kid whom you shot 6 times in the chest, you are in deep trouble.

 

[neovan]

As long as you don't shoot him in the back then you should be ok.

don't worry, you won't get arrested!

 

[Mookow]

Originally posted by: amdforever2
So, this is supposed to be legal right?

What happens when the police come after you shoot them? Do they arrest you and the invader or just the invader? In court, you can't get in trouble right?

Depends on the situation. I remember one case where a man shot two guys about to enter his house. They were cops, but they didnt have visible ID on them, and they didnt yell out "cops" "police" or anything like that. The guy was found not guilty.

Of course, that was in Texas, so YMMV.

 

[VBboy]

Originally posted by: neovan
As long as you don't shoot him in the back then you should be ok.

don't worry, you won't get arrested!

Wow, this is the first time I see someone give legal advice with such certainly (the smiley notwithstanding). Have you considered the following:

1. It turns out he could clearly see the invader, and the indaver was not armed at all;
2. He shot him several times;
3. He owed a lot of money to the invader and had an ulterior motive;
4. He shot him and called the police the next day instead of immediately

etc

 

[yellowperil]

Depends on the state. Some allow only the same deadly force as threatened on you, others allow you to shoot them even if they aren't assaulting you. One state, either CO or UT, allows deadly force for any felony committed on the premises

 

[MedicBob]

Call your local DA office and talk to them.

Most states require you to do everything possible to escape 1st prior to shooting a dirtbag and that you must fell that your life was in immediate danger.

 

[FoBoT]

just make sure it isn't somebody you actually know, friend or relative, etc, and if they have a weapon, be sure they are dead when you stop firing

its problematic, self defense used to be ok, now with all the political correctness/anti-gun sentiment, a jury might just stick you in prison for defending yourself. also, even if you don't get any criminal charges against you, the invader may decide to take civil action against you (or their family if you killed them) and with all the liberal jurys around, you could end up broke for a loooong time

if you own a gun, you should have a large liability/umbrella insurance policy

 

[jaeger66]

In AZ, the law is vague enough that I'd think twice about just blowing his head off. I'd go for the spine shot.

 

[MemnochtheDevil]

Originally posted by: amdforever2
So, this is supposed to be legal right?

What happens when the police come after you shoot them? Do they arrest you and the invader or just the invader? In court, you can't get in trouble right?

Threads like this scare me because we had a case when I was in HS where a guy in the midwest (maybe Kansas?) shot his wife's new bf in the chest as they came into the house after a night out. The wife had possesion of the house while the divorce was pending. So the husband shoots the bf in the chest 3 times and then claims he didn't know who the guy was and thought he was breaking into the house. He made statements to the wife and police saying this. Argued it was in his home and he had the right all thru trial. He is still in jail I'm sure.

You have a right to self defense. It is a crime to shoot someone as he is running out of your house. Or to kill a teenager trying to stuff your stereo into the back of his car.

 

[awanSky]

only in America,

Remember the case where a foreign exchange student from japan was shot to death because he knocked on the house. When he realized he knocked on a wrong house, he ran and the owner shoot him anyway. NOT GUILTY!

 

[FoBoT]

Originally posted by: awanSky
only in America,

Remember the case where a foreign exchange student from japan was shot to death because he knocked on the house. When he realized he knocked on a wrong house, he ran and the owner shoot him anyway. NOT GUILTY!

i remember that case , it was in Lousiana , really fscked up, it was during the day and he was going to a party and got lost

i don't think the not guilty would have happened in most other states, maybe TX and a couple others, but in most states that guy would have gone to jail. that was really messed up

here is a link to the story

 

[Nitemare]

Just make sure you kill them

If they live, they will sue you in civil court and you will be living on the street while they live in your house.

 

[Yossarian]

In California, the standard is whether a "reasonable person" would have felt that their life was in danger. If someone just breaks into your house, you will probably go to jail if you shoot them. If they break in brandishing weapons, threatening to kill you, you are justified.

 

[Quixfire]

Dude, did you get your car fixed???

 

[Queasy]

Just make sure the gun is registered and legal. There was a case recently where a man shot a guy breaking into his son's room but was then arrested because the gun he used was not registered.

 

[JeffreyLebowski]

You have a right to self defense. It is a crime to shoot someone as he is running out of your house. Or to kill a teenager trying to stuff your stereo into the back of his car.

In Texas, if he's running out of your home with your property you sure as hell can shoot him, and the punk stealing your radio better be ready to die, cause Texas law says you can defend yourdelf,home, and property with deadly force.

 

[neovan]

Originally posted by: VBboy

Originally posted by: neovan
As long as you don't shoot him in the back then you should be ok.

don't worry, you won't get arrested!

Wow, this is the first time I see someone give legal advice with such certainly (the smiley notwithstanding). Have you considered the following:

1. It turns out he could clearly see the invader, and the indaver was not armed at all;
2. He shot him several times;
3. He owed a lot of money to the invader and had an ulterior motive;
4. He shot him and called the police the next day instead of immediately

etc

Given the situation, if he shot the invader once, called the police immediately, and had no connection whatsoever with the invader.

but to answer those questions

1. your word against the word of a dead guy
2. see my given situation
3. see #2
4. see #3

 

[Pliablemoose]

From my friends in law enforcement, STFU & hire a lawyer ASAP.

Laws vary from state to state. Reasonable person rule generally applies.

 

[MemnochtheDevil]

Originally posted by: JeffreyLebowski

You have a right to self defense. It is a crime to shoot someone as he is running out of your house. Or to kill a teenager trying to stuff your stereo into the back of his car.

In Texas, if he's running out of your home with your property you sure as hell can shoot him, and the punk stealing your radio better be ready to die, cause Texas law says you can defend yourdelf,home, and property with deadly force.

Yeah, but would anyone in Texas have to ask this question? Texas is its own special case in lethal force laws, with some good things and some bad. But at least their clear on the rules, some states are as inconsistent as the weather.

How that guy got off in Louisiana, I have no idea. I really can't for the life of me think of how a teenager with a camera is threatening. But since he was asian, I guess the jury felt he was frightening enough to deserve death.

 

[Pliablemoose]

Originally posted by: MemnochtheDevil

Originally posted by: JeffreyLebowski

You have a right to self defense. It is a crime to shoot someone as he is running out of your house. Or to kill a teenager trying to stuff your stereo into the back of his car.

In Texas, if he's running out of your home with your property you sure as hell can shoot him, and the punk stealing your radio better be ready to die, cause Texas law says you can defend yourdelf,home, and property with deadly force.

Yeah, but would anyone in Texas have to ask this question? Texas is its own special case in lethal force laws, with some good things and some bad. But at least their clear on the rules, some states are as inconsistent as the weather.

How that guy got off in Louisiana, I have no idea. I really can't for the life of me think of how a teenager with a camera is threatening. But since he was asian, I guess the jury felt he was frightening enough to deserve death.

BTW, it's known as the "He needed to be kilt, your honor." defense.

 

[Antisocial Virge]

I find these threads funny how some people here get all excited about the possibility of killing a home invader. One of these days we will see a story of a guy leaving a trail of VCRs up towards his unlocked house.

 

[desertdweller]

Originally posted by: amdforever2
So, this is supposed to be legal right?

What happens when the police come after you shoot them? Do they arrest you and the invader or just the invader? In court, you can't get in trouble right?

Well if you're a good shot, they'll just throw a white sheet over the other guy.

As to the other part, I think alot of it is up to the Officer's discretion.
But, you can be charged later, depending on the circumstances. (i believe)
Different states have different laws.


DD