This is a stupid question. Nevertheless, I am asking it.
If someone breaks into your home or apartment, and you are under the impression that this person could harm you, are you allowed to defend yourself? Even if your means of defense could result in the death of the intruder?
Is it legal to kill someone if they break into your home?
2016-03-17 6:28 am
回答 (25)
2016-03-17 6:37 am
✔ 最佳答案
Exact laws vary by location. You should look up "stand your ground" laws.
2016-03-17 6:45 am
I almost had to make that decision a few years ago. Depends upon what state in the USA you live in (castle doctrine). Also depends upon the mental state of the victim. Are you a 250lb line backer and the intruder was a 98 lb unarmed weakling? Was the victim trying to escape from an attacker? Also depends upon whether you know the intruder. Also depends if they make entry through the front door or back window and was it a forced entry. Did you set up the victim to kill him but make it appear that they were trying to break in? Just because someone comes into your home uninvited doesn't give you the absolute right to kill the intruder. Too many variables; too many questions you would have to answer. Shooting anyone is the LAST resort and should be avoided if at all possible. The risk of being convicted by 12 Monday morning quarterbacks (a jury) isn't worth the risk.
2016-03-17 7:53 am
Self-defense (or defense of family) is legal in all civilized countries. The rules vary from place to place, but the general rule (e.g., in the USA) is that you may use only such force is "reasonable and necessary" under the circumstances and only when you have a reasonable fear of imminent bodily harm.
In theory, the killing of another must be presumed unlawful until the investigation shows otherwise. You will probably be arrested, if not charged with criminal homicide in some degree. It will then be for you to PROVE that your self-defense was lawful.
In theory, the killing of another must be presumed unlawful until the investigation shows otherwise. You will probably be arrested, if not charged with criminal homicide in some degree. It will then be for you to PROVE that your self-defense was lawful.
2016-03-17 7:18 am
Depending on your state laws, the majority of states allow deadly force to protect life and property. BUT! Impressions are not legally sound. There must be clear-cut, intent that you can testify to that harm was imminent and that the person "broke the plane of entry" into the home who is unknown and uninvited.
2016-03-17 8:02 am
The exact laws differ depending on the jurisdiction- some states are stricter than others on what the criteria are. Generally, however, you can use force to defend yourself and if your life is in danger, deadly force is acceptable in that situation.
One of the main differences between states is the "stand your ground" concept, which some states have and some state's don't. This basically refers to whether or not you have to make some attempt to run away. Some states say that before you can kill someone in self-defense, you must have made at least some reasonable attempt to leave rather than fight back (unless there is no way you could leave). Other states say you don't have to do that.
Either way, though, your life has to actually be in danger, and you have to believe this on reasonable grounds. So for instance, if a masked man with an axe smashes your door down and charges you, then you could pretty much do whatever you had to do in that case and you would likely be ok from a legal standpoint. If someone knocks on your door to ask for directions and you shoot them, you'd have a hard time defending yourself in court on that one.
One of the main differences between states is the "stand your ground" concept, which some states have and some state's don't. This basically refers to whether or not you have to make some attempt to run away. Some states say that before you can kill someone in self-defense, you must have made at least some reasonable attempt to leave rather than fight back (unless there is no way you could leave). Other states say you don't have to do that.
Either way, though, your life has to actually be in danger, and you have to believe this on reasonable grounds. So for instance, if a masked man with an axe smashes your door down and charges you, then you could pretty much do whatever you had to do in that case and you would likely be ok from a legal standpoint. If someone knocks on your door to ask for directions and you shoot them, you'd have a hard time defending yourself in court on that one.
2016-03-17 6:42 am
yep. castle doctrine rules here, so kill anyone who invades your home.
2016-03-17 6:32 am
No I wouldn't say so. However, if you gave the intruder a black eye or broke his leg, I think you could argue that it was out of self defence.
Keep in mind, that if the intruder does NOT attack you first, then it is NOT self defence. So unless they actually try to kill you, you shouldn't attack them. Instead phone the police.
Keep in mind, that if the intruder does NOT attack you first, then it is NOT self defence. So unless they actually try to kill you, you shouldn't attack them. Instead phone the police.
2016-03-18 4:33 pm
I could care less about local laws, state laws...blah blah. If someone breaks in my home I'm going to shoot him and unload the clip until empty.
2016-03-17 9:33 pm
It depends on the state.
Several answers referenced "stand your ground" laws. That isn't relevant here, and those people don't know what they're talking about. The whole point of a stand your ground law is that it applies even when you are NOT in your house. Your question is about if they are in your house, and in that case, the applicable law is the castle doctrine. Colorado, for example, has a castle doctrine law, which means you can kill someone if they break into your house, even though Colorado doesn't have a stand your ground law.
New Mexico doesn't have a castle doctrine law. So in New Mexico, even if an armed criminal breaks into your home, kills your children, rapes your wife, and shoots you, you still aren't legally allowed to defend yourself. You have to run away instead, if you can.
Several answers referenced "stand your ground" laws. That isn't relevant here, and those people don't know what they're talking about. The whole point of a stand your ground law is that it applies even when you are NOT in your house. Your question is about if they are in your house, and in that case, the applicable law is the castle doctrine. Colorado, for example, has a castle doctrine law, which means you can kill someone if they break into your house, even though Colorado doesn't have a stand your ground law.
New Mexico doesn't have a castle doctrine law. So in New Mexico, even if an armed criminal breaks into your home, kills your children, rapes your wife, and shoots you, you still aren't legally allowed to defend yourself. You have to run away instead, if you can.
2016-03-17 6:59 pm
Depends on where you live as state and local laws vary
2016-03-17 10:40 am
In Louisiana, yes. In Wisconsin, no. In most states, you do not have the right to shoot another person to protect your property. Unless you have been shot at or there is a gun pointed at you, you may not shoot first.
2016-03-17 8:42 am
Yes if they are violence
2016-03-17 6:29 am
Yes you are.
2016-03-17 3:57 pm
Voters needto keep in mind that most criminals vote Democrat. This might explain why they don't care what crime Hillary has been involved. Honor among thieves.
2016-03-20 5:01 am
Depend on where you shoot then
2016-03-19 4:46 pm
It depends on where you are but my law teacher told me that you can't use excessive force to defend yourself. You can only use equal force to defend yourself or else it could count as assault. Same rule applies to hitting girls
2016-03-19 2:00 pm
It depends on your state s self-defense laws and the situation that lead up to the shooting.
In all cases, the cops do have to file a report with the DA office. They will do research to see if the situation falls with in their self-defense laws or not to file charges.
But in general, lawyer up since the family of the person you shot, can file a civil (tort) lawsuit against you, even if the DA office does not file criminal charges.
In all cases, the cops do have to file a report with the DA office. They will do research to see if the situation falls with in their self-defense laws or not to file charges.
But in general, lawyer up since the family of the person you shot, can file a civil (tort) lawsuit against you, even if the DA office does not file criminal charges.
2016-03-19 9:14 am
Reasonable force!
2016-03-19 6:19 am
Depends on where you live.
2016-03-19 5:16 am
Canada no. America probably every where
2016-03-18 6:59 pm
In certain liberal northern states,.. you can be charged because they believe
your "stuff" isn't worth a person's life. In still other states they say you must
show proof that you fired while he was facing you. You can't kill them if they are
already running away because they are in the act of fleeing from you and not attacking you
AT THAT POINT.
your "stuff" isn't worth a person's life. In still other states they say you must
show proof that you fired while he was facing you. You can't kill them if they are
already running away because they are in the act of fleeing from you and not attacking you
AT THAT POINT.
2016-03-18 2:32 am
If he has gone far enough as to break into your house you do not wait to see whether he just came in for a glass of milk or whether he had something else in mind. CA
2016-03-17 11:50 pm
Maybe. Each circumstance is unique.
2016-03-17 9:12 am
if he wanna harm u or even kill u, reply him by force, 12 gauge, if ur country has a duty to retreat, retreat first, and if u find u have no way to escape, shoot that muthafucka
2016-03-18 1:33 am
Not according to Obama and Liberals. Soon you will not be able to defend yourself from intrusion. You will just be screwed, literally.
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