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Shooting trespassers

SkydiveSkydive Member Posts: 737 ✭✭✭✭
edited May 2003 in General Discussion
I have been surprised recently reading the paper. While I live further out in the country I have read 5 stories this week in the more urban areas where there have been break ins to residences where the occupant has shot the intruder. One was killed. What surprises me is that there has only been one charge against a resident (No FOID card).

Is it typical to see charges later when you shoot an intruder? I had always been under the impression that while you have the right to protect your home you can still be charged in a shooting. Have I wasted 4 years of Karate?

All generalizations are bad.
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    rldowns3rldowns3 Member Posts: 6,096
    edited November -1
    No, you haven't wasted 4 years of karate. I'd call it a lucky streak for gun owners, that's all.
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    jetjet Member Posts: 543 ✭✭✭✭
    edited November -1
    You should not shoot people.
    unless they leave you no choice.

    I've had 12-14 tresspassers in the last 5 years I simply told them to go away.
    I just wish they would learn to read (the signs)
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    woodsrunnerwoodsrunner Member Posts: 5,378 ✭✭
    edited November -1
    In most jurisdictions there is a very fine line between a justified shooting and an unjustified one. Here in my locality(western NY) they better be inside your house, and if shot, shot in the front not the back. Some places make you run away, that includes leaving your home if nessasary, and you are only allowed to shoot as a last resort. I don't know of any place that you can shoot someone for just being on your property outdoors.

    My best advice to you is make friends with a trusted LEO in your area, and seek his/her advice.

    Woods

    "To disarm the people is the best and most effectual way to enslave them."
    George Mason
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    rldowns3rldowns3 Member Posts: 6,096
    edited November -1
    Better yet, make friends with the local shyster lawyer and run several scenarios by him and see which one's he'd be willing to sue you on.
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    PRZNCOP110PRZNCOP110 Member Posts: 947 ✭✭✭✭
    edited November -1
    Here in OKlahoma, they passed a law a few years back concerning this. It is very vague and goes a little like this. "One can use any force including deadly force against the actions of anyone who has illegally entered the house and made threats of * harm." This is grossly paraphrased but it pretty close. Basically it says you can shoot anyone in your house who is there illegally and has made a threat to you. There are no requirements that you run, leave or anything like that, nor is there a requirement that the intruder be armed. All you have to do is convince the police that you were threatened and in fear of your/family safety. I dont know of a case against a resident yet.



    "SOCIETY PREPARES THE CRIME, THE CRIMINAL COMMITS IT"
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    bigdaddyjuniorbigdaddyjunior Member Posts: 11,233
    edited November -1
    Most states have what is commonly referred to as the 'king of the castle' law. It states in one form or another that as a home owner you have the right to peaceful enjoyment of your property.While you cannot shoot someone for simple trespass,you can defend your home. It has more to do with what you say to the officers that respond.[you better be the one to call 911]I felt threatened,he said he would kill me,he said he had a knife or gun, he had a weapon etc..B&E is not a capitol offense. There was an interesting case a few years back where the invader was a threat and the homeowner double tapped him in the chest with a 357mag.The DA decided that the first shot was self-defense,but the second shot was made after the threat had been eliminated,the charge was 2nd degree manslaughter on the second shot.The fellow couldn't make bail so he rotted in jail for months under pressure to cop a plea.He was eventually aquitted and released,but he lost a lot of time and money.That DA is now selling real estate for a living.I happened to over hear her conversation about the upcoming case'We all know it was self defense,but if I let him rot in jail for six months he'll sign anything I want him too'She actually laughed about it like ruining a man's life and reputation gave her joy.So even if the law is on your side and a shooting is completely justified,you may still find yourself going to court for your life and freedom.

    Big Daddy my heros have always been cowboys,they still are it seems
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    chuckchuck Member Posts: 4,911
    edited November -1
    If a BAD guy came in my house I would grap my gun and plead with him or her to let me and my family leave,(if posibable) and they could steel any or everything We owe, It would be cheaper than Attornys fee,court cost's and Jail time. GOD HELP AMERICA.
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    redcedarsredcedars Member Posts: 919 ✭✭✭✭
    edited November -1
    Basic principle remains, use of potentially deadly force is only justified when the defender reasonably believes the attacker poses a threat of serious * harm to the defender or innocent 3rd parties.

    You can't just shoot trespassers who pose no threat. Call the police if they won't leave, or if you want them arrested for trespassing. Even using a weapon to hold them is iffy. Suppose they just run, what will you do, shoot them in the back?

    As for leaving one's own home, I have serious doubts about the wisdom of actually leaving one's home in retreat. If you have considered your situation well, and are following your plan, you are probably in the most defensible position already. It makes no sense to leave this position for a less secure one.

    Even if state law requires such retreat, I don't think I would do it. I would rather be alive to face possible charges later than law-abiding but dead.

    redcedars
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    mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    BTDT. When I shot the guy that broke into my house (in VA). The police made it very clear that I was justified in doing so because:
    1) I had no escape route.
    2) I believed my life (personal safety) to be in jeopardy.
    3) I believed the life of another person to be in jeopardy.

    I met all these criteria.
    1) I was in my bedroom and there was no way out except the door he came through.
    2) He was brandishing a baseball bat.
    3) My 5 year old daughter was in the bed.

    Mudge the armed

    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
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    4wheeler4wheeler Member Posts: 3,441
    edited November -1
    The intruder can have a knife in his hand[;)]

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    bambihunterbambihunter Member Posts: 10,694 ✭✭✭
    edited November -1
    I would yell for them to stop (but it might be after I shot 'em). [;)]
    Fanatic collector of the 10mm auto.
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    oughtsixoughtsix Member Posts: 1,244 ✭✭✭✭✭
    edited November -1
    Big Daddy,

    Did you relay the knowledge of the *'s former DA's remarks to where it would do some good? That attitude is all too prevalent among the ranks of young prosecutors trying to "make their bones" and build a career, esp. politically motivated ones. This * makes me sick.

    Oughtsix
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