Home Self Defense- Days In Jail?

crosshair

I live in ohio and lets say that an intruder broke into my home in the middle of the night and entered my home. I shoot and kill the intruder in which I would with no hesitation to protect my family, how many days would I expect to spend in jail. Alot of people say they better have a weapon in there hand if you do kill them. But in reality a person can kill with their bare hands. How severe of a sentence would you receive today in a court room with a judge and a jury on the matter? I hear so many conflicting stories on this and would like your opinion or knowledge on this!

Believe nothing that you hear and only one half of what you see!!

H.S. 10-X

I wouldn't be to worried about the legalities in a situation like that. I would just make sure I didn't shoot the intruder in the back.


"If I claim to be a wise man, it surely means that I don't know"- Kansas

crosshair

What really makes the difference if they are shot in the back or not. It is an intruder that is not supposed to be in your home that is capable of killing your whole family with their bare hands. I am not knocking what you stated but does that legally mean that they are trying to get out without inccident if you shoot them in the back?

Believe nothing that you hear and only one half of what you see!!

H.S. 10-X

I guess it depends on the situation. Shooting someone in the back usually indicates that they were no direct threat to you. I have always heard, "Never shoot a man in the back".


"If I claim to be a wise man, it surely means that I don't know"- Kansas

matwor

Shoot them in the back, na, they were not a direct threat to you. Just let it be said that it is better to be judged by 12 than carried by six, and dead men can't talk. Do what you got to do to protect your family.

That being said, I hope I didn't just feed the trolls!!

"The only thing necessary for the triumph of evil is for good men to do nothing."

Edmund Burke

H.S. 10-X

Well then, shoot 'em in the back, roll 'em over and shoot 'em in the chest for good measure.


"If I claim to be a wise man, it surely means that I don't know"- Kansas

Annie-O

If he comes in my house....
he's pushing up daisies...
[:D]

H.S. 10-X

I guess since I'm single, I think of only defending myself. And if someone has their back turned to me, I see no reason to just start blazing away. Even if they don't have a weapon, your average burglar doesn't have lethal hands.


"If I claim to be a wise man, it surely means that I don't know"- Kansas

s.gun

Just like the Marlboro Man said."Roll em over" and shoot em again.

Then spread a little blood all over the area.On you, and him, and then claim that you were so afraid for your life,and things happened so fast, that you can't remember what happened.

Just be certain to make sure that it is an unwelcome intruder before you shoot.














1-Powder

2-Patch

3-Ball

4-Remove the Rod

5-Do Not Forget the Cap.

madmarc0

In most states it says that the only reason to use deadly force is if you feel your life is in imminent danger.

If the perpertrator is fleeing, he poses no threat and since shooting him in the back would have most likely meant that he (perp) was runng away from you, then you go to jail.

If he comes at you with a knife and you warn him and tell him to get out and have your gun drawn it's ok to shoot him if you feel he would have caused you or your family harm.

There was a case here where a guy (a fireman) shot an intruder in the * as he was climbing out his cellar window. It went to jury and the guy got off because they broke into this guys house on a regular basis.
I guess it depends on the jury and how sympathetic they are to what you had to do.

My .02

I measured it and cut it twice, and it's still too short!

BorgCube

Days in jail? Try decades. Each state has a different self defense law. In MI the force must be equal or reciprical and imminent. A guy armed with a gun tucked in his belt eating food from your fridge is not an imminent threat to life. Until he draws that weapons you cannot use deadly force. Merely being in your house is not a legal reason to shoot an intruder even if they are stealing your property. There has been a lot of debate around this. Too many people were shooting intruders to protect property, then getting murder sentences of 10+ years.
__________________

"I can think of dozens of reasons not to have hi-cap mags, but it's the one reason I can't think of that I need them!"

mpolans

crosshair, a lot of this will depend on the exact facts at the time of your alleged self-defense. It might also depend on the attitude of the responding police officers. This can vary from a "congrats, the scumbag had it coming," to a life sentence.

All I can say for sure is, DO NOT TRUST SOME OF THE ADVICE POSTED ABOVE!!!

If you want to find out what the requirements for justified self-defense are in Ohio, you might want to try calling an attorney licensed to practice in your area. Or you might want to try calling a law professor in your state (sometimes they're helpful).

rmeyer

If he's in your house in the middle of the night and he doesn't belong there i'd say you have a right to feel threatened. Unless he was running for the door i'd think you'd be legal in shooting him. The more you stand and question him the more time you give him to do you harm.

bigdaddyjunior

Most people don't break into your home to drop off gifts like Santa Claus. Most states have a "king of the castle" clause somewhere in the criminal code that stated simply gives the right to defend said castle with whatever means seem prudent "at the time". It would be up to you and your lawyer to show a jury that you responed prudently to the percieved threat. Obviously this would be harder to do if the invader was unarmed.

Big Daddy my heros have always been cowboys,they still are it seems

matwor

Here in MO I specifically addressed this subject to my county sheriffs office. My sister was having problems with the general contractor that built her house. He was threatening to come over and chain his truck to their deck and rip it off the house. Also wanted to take his truck and ram it into their house.

The sheriffs deputy that I spoke with said I could not use deadly force to protect property, only to protect life. And this was only in the case that they were using deadly force against you.

I know in OK that you can protect your property with deadly force, i.e. home, truck, cattle, etc.

So all this being said, I think we better let the LEO's from Ohio chime in on this one and answer the guys question.

"The only thing necessary for the triumph of evil is for good men to do nothing."

Edmund Burke

competentone

As others have pointed out, your answer will depend on what state you're in. Some states are "crazy" with "anti-self defense fervor."

Fortunately I live in South Carolina--which is extremely self-defense friendly--someone has broken into your house? Shoot 'em any way you like.

Do not seriously consider what some are telling you about turning a body over and shooting it in the front--if you've just killed someone in your home by shooting them in the back. Doing such would be tampering with evidence--which is a crime itself and will also make you look potentially more guilty.

If you're in an "anti-self-defense" state and you ended up shooting an intruder in the back, get a good attorney and argue that your action was legitimate self-defense.

We are not living on some "western movie set." The fight for your life doesn't have to be "fair." You don't have to wait till you're looking down the barrel of an intruder's gun before defending youself. It doesn't take but a fraction of a second for someone (who has already demonstrated hostile intent by breaking into your home) to turn around and start attacking you. Additionally, if he has his back to you, it can mean he is facing toward your loved ones!

If you feel threatened (and you should be if someone has broken into your home) think only about defending yourself and your family; let a good attorney deal with any "snot-nosed, liberty-hating, pro-criminal" lawyers who will want to "Monday morning quarter-back" your life-or-death struggle.

trstone

I think it would be best if you did nothing and simply allowed yourself to be a victim. This is, after all, what the legislators (and, to a much lesser degree, cops) want you to do. Don't defend yourself, or your loved ones, or your property, because that's what we have 1000% efficient and infallible police for. Rely on Government to protect you, and never do anything in this regard on your own volition, because you'll be punished. Big Brother and the boys in blue will see to it, too---the legislators have, and will continue, to craft laws that keep weakening your options to self-defense while simultaneously rewarding the criminals who prey upon you because they drive you to greater dependence upon governmental and police protection (which, realistically, is at best retroactive and no "protection" at all, but let's not cloud the issue with the truth, shall we? Good.)

I mean, think about it: You hear about chiefs of police and cops vocally opposing proposed CCW laws for civilians (like the schmucks here in Nebraska always do when one rolls around.) You can't shoot an intruder. You can shoot an intruder. You can't shoot an intruder unless he has a weapon. You can shoot an intruder if he has a weapon, but only if he's clearly menacing you with it. You can't shoot an intruder in the back, even though you really can't tell if he's pulling a gun or other weapon out from under his shirt or the waistband of his pants while he has his back to you, and never mind the fact that he broke into your home by force. Blah-blah-blah-blah. And so on. Shoot an intruder in the front, and leave him lying face-down on the floor with a gun in his hand, and STILL get hauled down to the cop-shop to face a grilling about it like YOU were the criminal. Can't defend your property. Can defend your property. Can only defend SOME types of property, but not with deadly force or even the threat of it. Can't use a gun on an intruder unless he's inside your home, regardless of the situation, even if he's burning your home or barn down. Can't even sic your damned dog on him if he's outside wrecking your car or killing your livestock, because he'll sue you in court for having a dangerous animal, and he'll win. Let's face it: the powers that be don't give a fig for you, or your "rights", or your property, and all these asinine special rules and restrictions are proof of it. They don't want you to be able to help yourself.

Can you tell that this whole obscene situation makes me angry?

Well, it does.

I'm sick of hearing about how you have to follow special, crook-coddling "rules" to defend your home, your property, yourself, and your loved ones. And the judges, legislators and cops who perpetuate this detestable status quo make me sick too.

Now, go ahead and tell me I'm the only one. Tell me none of you are the least bit bothered by things being the way they are, and you like the rules as they're currently constituted. Tell me how fair and reasonable you all think they are. I want to see how many people here think things in this area are okay as they are....

gbeggrow

Laws that protect a criminal???? Who's the numb skillet that ever thought of that?

If a theif breaks into someones home to steal items and is shot and killed (front or back) the world is a better place without the theif.

If a theif breaks into someones home with the intent to harm any of the occupants and is shot and killed (front or back) the world is a better place without the theif.

I applaud any person who takes the life of a criminal trying to protect their family or belongings during a home invasion. I call it speedy justice. Why is that so hard to understand?[?][?][?]

dakotashooter2

Not to mention when the intruder exits your home with YOUR 36" tv in hand and trips and breaks his leg and the TV he will successfully sue YOU for doctors bills AND replacement value of the TV.

chunkstyle

Supposing the guy you shot turns out to be your next-door neighbor, who broke in to use the phone, because his house was on fire? Same rule applies as on the range, BE SURE OF YOUR TARGET!

"Go to Lakedaemon, stranger passing by;
And say there, that in obedience to her law, here we lie"

tr fox

"But officer, I didn't MEAN to shot him in the back! He turned as I fired!"

And you don't even have to justify the situation to me by pointing out that the intruder might have lethal hands. If an intruder is advancing down your hallway towards you and your loved ones, and you are their last line of defense, remember that the perp might have a gun or knife and you cannot see it in low or no light.

Quote "When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions."

3gunner

Stone,

Man, where in the world do you come up with that stuff? I'm really beginning to think that you are out there...way out there. If you are truely describing the way it is in your neck of the woods, I would consider moving. I can not relate to any of that BS.

idsman75

Dial 911--Hello. I am at 123 Mulberry Lane. Send the police and an ambulance. Hang up. When the police arrive, respectfully invoke your right to a lawyer and do not render a statement no matter how badly you want to tell your side of the story. The 911 tape can be used as evidence to establish your state of mind so don't say any more than "send police and an ambulance" *click*. Plan on a few days in jail. Your lawyer will know how many days they can keep you before charging you or releasing you.

Boomerang

quote:an intruder broke into my home in the middle of the night and entered my homeIn Tennessee, just on its face value, this is one of the two defense scenarios that you will not be charged or arrested for, the other is carjacking. Tennessee believes deadly force is justified in either of these cases. We had a old fellow shoot a carjacker 13 times. The perp died and the old fellow got off without a hassle. Of course the media tried to make something of it, but to no avail. What ever you do, do not touch or move the body as others have suggested. This will be asking for the law to have their way with you.

Boomer

"Success is to be measured not so much by the position that one has reached in life as it is by the obstacles which one has overcome while trying to succeed"

. and the antithesis to this philosophy was uttered by Bill Clinton "I smoked it, but I didn't inhale."

NRA Life Member

crosshair

I agree boomerang!

Believe nothing that you hear and only one half of what you see!!