wolfriverjoe 1,523
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skyrider 0
I been waiting to be transported...
break into my house...If my rottiie doesn;t have you for a snack, the noise he makes will wake me enough to grab oen of several guns in every room...I take my chances in court.....
break into my house...If my rottiie doesn;t have you for a snack, the noise he makes will wake me enough to grab oen of several guns in every room...I take my chances in court.....
mnealtx 0
That's well-stated, Joe - thanks for posting it.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706
I love you, Shannon and Jim.
POPS 9708 , SCR 14706
JohnRich 4
Quoteassuming it is a CLEAR breaking an entering, if one of the invaders is shot by the home owner during that situation who is charged with the murder? is it the accomplices or is it the home owner.
Depends upon the state, the local laws, and the district attorney. But just because someone is killed doesn't mean that it's murder. Killing in justifiable self defense is not murder. If strangers have broken into your home and you fear for your life, then killing the intruders is perfectly legal.
Here's a local jewelry store owner who killed THREE robbers, perfectly legal:
http://www.chron.com/disp/story.mpl/metropolitan/7343008.html
Quoteok so this thread
http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=4022009;sb=post_latest_reply;so=ASC;forum_view=forum_view_collapsed;;page=unread#unread
along with a some what recent run in with one of my friends where 3 men were trying to break into his house, one jumped the fence and 2 were trying to kick in the door, when he welcomed them with a .45 in their face and they took off running and the police later caught them.
now my question is, and im sure it varies state to state, but assuming it is a CLEAR breaking an entering, if one of the invaders is shot by the home owner during that situation who is charged with the murder? is it the accomplices or is it the home owner. ive heard stories of both but no real definitive answer.
in georgia, the person who is commiting the crime must be inside your house (not on your property but actually inside), and you cant shoot them in the back if they try to flee. inside and facing you in order for it to be self defense. if not you get charged with at least manslaughter.
"Never grow a wishbone, where your backbone ought to be."
mnealtx 0
Quoteyou cant shoot them in the back if they try to flee. inside and facing you in order for it to be self defense.
I'm thinking that's pretty much going to be the case everywhere regarding self defense.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706
I love you, Shannon and Jim.
POPS 9708 , SCR 14706
Quoteand im sure it varies state to state, but assuming it is a CLEAR breaking an entering, if one of the invaders is shot by the home owner during that situation who is charged with the murder?
Here in UT you wouldn't be charged for "murder". It would be considered self defense.
Muff #5048
QuoteQuoteyou cant shoot them in the back if they try to flee. inside and facing you in order for it to be self defense.
I'm thinking that's pretty much going to be the case everywhere regarding self defense.
You can in Texas. Not self-defense but you are allowed to shoot somebody to protect your property. Even in the back.
"What if there were no hypothetical questions?"
mnealtx 0
QuoteQuoteQuoteyou cant shoot them in the back if they try to flee. inside and facing you in order for it to be self defense.
I'm thinking that's pretty much going to be the case everywhere regarding self defense.
You can in Texas. Not self-defense but you are allowed to shoot somebody to protect your property. Even in the back.
That's why I stated 'self defense' - the 'theft in the night' law is a bit different, and honestly, I think it would be hard to defend using the theft in the night law anymore.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706
I love you, Shannon and Jim.
POPS 9708 , SCR 14706
Andy9o8 2
QuoteQuoteQuoteyou cant shoot them in the back if they try to flee. inside and facing you in order for it to be self defense.
I'm thinking that's pretty much going to be the case everywhere regarding self defense.
You can in Texas. Not self-defense but you are allowed to shoot somebody to protect your property. Even in the back.
In Texas you're required to shoot them if they flee. In Ontario, you must serve them cookies.
Quote
In Texas you're required to shoot them if they flee. In Ontario, you must serve them cookies.
"I may be a dirty pirate hooker...but I'm not about to go stand on the corner." iluvtofly
DPH -7, TDS 578, Muff 5153, SCR 14890
I'm an asshole, and I approve this message
DPH -7, TDS 578, Muff 5153, SCR 14890
I'm an asshole, and I approve this message
skyrider 0
QuoteQuoteand im sure it varies state to state, but assuming it is a CLEAR breaking an entering, if one of the invaders is shot by the home owner during that situation who is charged with the murder?
Here in UT you wouldn't be charged for "murder". It would be considered self defense.
Anywhwre near Virgin? If so we can get together for a cold one, we go there a lot!
QuoteAnywhwre near Virgin? If so we can get together for a cold one, we go there a lot!
I'd love to get together with a virgin and give her some beer.
"I may be a dirty pirate hooker...but I'm not about to go stand on the corner." iluvtofly
DPH -7, TDS 578, Muff 5153, SCR 14890
I'm an asshole, and I approve this message
DPH -7, TDS 578, Muff 5153, SCR 14890
I'm an asshole, and I approve this message
When someone is at home that is home invasion.
Entirely different circumstances as it suggests that the perps had no respect for life or limb.
Entirely different circumstances as it suggests that the perps had no respect for life or limb.
JohnMitchell 16
My rule of thumb is, you don't use deadly force to protect property, just lives. With that said, a WA homeowner shot and killed a teenage burglar in the dark who was trying to go back out the window. The homeowner claimed he couldn't tell the burglar's intentions and feared for his safety. No charges were filed.
I'm glad the law erred towards the homeowner, but I would feel crummy using deadly force in that situation. I've been scared before, and hope I would handle it better. ![[:/]](/uploads/emoticons/dry.png "[:/]"){kind=small}
kbordson 8
Don't shoot Santa! 
edit to add: IBTM
murrays 0
QuoteQuote
In Texas you're required to shoot them if they flee. In Ontario, you must serve them cookies.
Unfortunately, living in Canada, that is too close to the truth. A friend of mine who owns a store that specializes in knives, swords and other edged weapons has to keep on top of all the various laws regarding their use and sale.
I asked him once about keeping a blade near the bed for use in a situation like you described. He said that by keeping it there it would be taken that I had planned to use it and its use was therefore premeditated. Not good for me. He suggested keeping a hammer there with some picture hanging materials. I don't like the situation up here. Don't let it get like that down there.
--
Murray
"No tyranny is so irksome as petty tyranny: the officious demands of policemen, government clerks, and electromechanical gadgets." - Edward Abbey
Murray
"No tyranny is so irksome as petty tyranny: the officious demands of policemen, government clerks, and electromechanical gadgets." - Edward Abbey
JohnRich 4
QuoteQuoteyou cant shoot them in the back if they try to flee. inside and facing you in order for it to be self defense.
You can in Texas. Not self-defense but you are allowed to shoot somebody to protect your property. Even in the back.
It's not quite that clear-cut - there are conditions attached to it.
If a thief is fleeing, you can only legally shoot the thief in the back if:
- It is night time,
- The property cannot be recovered by any other means, and
- The use of less than deadly force would expose the actor to the risk of death or serious bodily injury.
You have 2 possibilities that aren't mutually exclusive.
1 - If it isn't considered self defense, then the homeowner could face charges. Those charges usually are in the area of voluntary manslaughter or 2nd degree murder depending on the laws of the state. There are certain requirements for it to be considered self defense. The general rule (again, it varies by jurisdiction) are Immediate, Unavoidable, Threat of death or great bodily injury, Defending someone you legally can (yourself always, others "depends") Defending against someone you legally can (it's almost impossible to claim self defense against a cop).
2 - The rest of the perpetrators would probably face "Felony Murder" charges. Anytime someone dies during the commission of a crime, the perpetrators can be charged with murder, even if the deceased is one of the perpetrators. There have been numerous cases of the criminals being charged with this when one of them is killed by the target of their crime.
So it's possible for everyone to be charged with somewhat different "murder" charges for the scenario you describe, although the surviving perps would probably face charges whether or not the claim of self defense stood up.
And off to SC we go
"~ya don't GET old by being weak & stupid!" - Airtwardo
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