If someone breaks into my house in the middle of the night...?

Lavrenti Beria

[What if they die?]

Lawyers will be knocking down their door in the middle of the night to fight for the chance to represent the perp's family in a wrongful death suit against you.

Factual Pterodactyl

It depends on the country, state, and town in which you are living. In most cases it is legal to use lethal force if you try and escape first (stupid), or if you or others are in immediate danger. Personally I wouldn't worry about getting charged with anything if someone broke into my house, it's better to go on trial than to be dead or seriously injured.

aboukir200

Much depends on where you live. IN GENERAL, if you are in your home, you may meet force with force. That is, if you are attacked with deadly force, you may use deadly force (a knife or bat would both qualify). In some enlightened states, if you feel you (or another) are in imminent danger of death or severe bodily harm, you may also use deadly force. PLEASE check your local laws and rules. Good luck!

Lil_Drummer_Boy777

Unfortunately, if you assault a burglar they have more rights than you do; they can sue for injury (and will probably win).

Josh F

Check your local regs as every state is different. Depending on the scenario you'd be well within your rights to use deadly force... just don't shoot em in the back. From what I gather you'd be better off using the lethal alternative opposed to permanent injury. Either way be prepared for legal issues from the perps family. Also, I am in no way affiliated with law enforcement, just giving my .02. I'm interested to hear what you find out. I too sleep with a Springfield XD-40 in reaching distance.

Bubba13

That all depends on what state you live in. You will have to go online to the state that you are in to check firearm laws. Or just ask the local chief or sheriff.

jigsaw

this country needs more people like you willing to take your own self defense into your own hands and not relying solely on the government for your protection. at least for the time being, you have the right to shoot the bast*rd after he breaks into your home in the united states. if you live in some liberal/socialist dominated country like what most of europe is, you could go to jail for shooting him even if it saved your life.

Robert H

a lot of that would depend on where you live. Depending on the state, your response could be anywhere from having to wait to be threatened or harmed, to shooting without any other provocation other than they entered your house. Some states have the "castle doctrine" laws which presume a threat is made when someone unlawfully enters your house.

Heather

You have a right to defend yourself, reasonably, of course. If someone is breaking into your house in order to cause you harm you can shoot them or hit them in self defense and get away with it, but if you beat the hell out of them or shoot them 6 times, that is something entirely different. And you shouldn't be aiming to kill. You shoot them in the head and they die, well then you murdered them. You shoot them in the leg, it's not such a big deal. But then it does sometimes depends where you live. Laws vary state to state, country to country.

Kevin

Situations like that are evaluated on a case by case basis.

The odds are really in your favor if someone breaks into your home and you are in fear for your safety and use deadly force to defend your life or the life of a loved one. But there is no cookie cutter answer here saying you will be fine legally.

When something like that happens the incident will be thoroughly investigated, and will be presented to a grand jury; who will decide if there should be any criminal charges. That is the same process that happens when a police officer uses deadly force on someone (even on duty).

ENGLASS

MOVE!!!! Or get a security system. It is a law in some states that suburban homes have floodlights at each corner of the house, on all night, to discourage burglary.
This is suggested by law enforcement as as alternative: plant thorny bushes the circumference of the house, close to the windows. Double or triple locks on doors. Replace hollow core doors with solid ones. Check with your local police.
Perpetrators have actually sued victims and won, although they committed crimes, endangered lives, trespassed on their property or you acted in self-defense. Intent.
Our courts system is often depraved and indifferent.

concerned neighbor

You could claim self-defence, but that would still mean a very unpleasant court case. You may also be remanded in custody, while the case is investigated.

I think it is more important for you to concentrate on making your home less appealing to intruders, by installing improved locks and an alarm, for example.

California Street Cop

In California....read this guide printed by the CA DOJ. Its page 27 you want.

http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

â™¥Grown Womanâ™¥

you have the right to protect yourself...especially in your own home. i hope you are just paranoid about your neighborhood, but if someone breaks in, shoot em dead or they might shoot you. you wont get in trouble.

caldude1010101

If you are going to confront an invader INSIDE your home with a gun, make sure to kill them outright (any cop will tell you that), don't hesitate. However, unless your life was in immediate danger, you could be held legally liable (in most states).

Keep in mind that it isn't hard to take a knife from the kitchen drawer and place it in the hand of the attacker.

Then claim to the police that you thought the intruder was going to come at you and that you fired in self-defense.

Again, unless you plan on killing the intruder, I wouldn't bother trying to beat them up or take any other action except call 9/11. Many people have been successfully sued for taking excessive force.

jacquescartier

man i would rather go to jail than be hurt or have any relatives hurt...no jury on earth with common sense, understanding, and a heart would convict an average joe for shooting or beating the everliving cr*p out of anyone in your house that was not suppsoed to be there...if hes on your property or in your house and is not supposed to be there, its his fault and shoould have never trespassed...that automatically is a threat to your security and safety...

zerofactor1

get a security alarm it's not that expensive Though and no you wont get charged from assult if its self defence

pickles

no they are committing a forceable felony, you may use deadly force

In the UK, you can use reasonable force to protect yourself. Meaning if someone threatens your life you can hit them across the face with a club. But you can't run after them and shoot them dead if they try to escape in the street.
Well, to be honest I'm not too sure, but I agree it's a bit tricky to be confronted by a possibly armed thief in your room in the middle of the night and say "hang on, I'll start the laptop and check out the government directives."
All the best in your new neighborhood ;-)

Ahcho A

What ever you do don't just wound them. Kill them! If you wound them they can come back and sue you and they will win. I've heard it too many times. I used to live in Kennesaw and Ackworth Georgia and once there was a guy that caught someone who broke into his house. He shot the "perp" and called the police. When the cops gt there they saw he was breathing and told the guy that they'd be back in a little while. this was a hint that he was not to be breathing when they got back and he wasn't.

A little old lady had just waxed her kitchen floor and went to bed to let it dry over night. A "perp" broke in and slipped on the floor and broke his leg. He sued the little old lady and won.

If you're going to do anything at all, kill the SOB as long as it's in your home, it will be a justifiable homicide and it will be thrown out of court.

da bomb

If you are going to shoot, make sure they are INSIDE your home and shoot to kill, otherwise, they will come back and sue you and unfortunately probably win. There are some ridiculous trials going on out there being decided by ridiculous jurors.

I would not recommend beating them with a bat, back to my comment above.

bill k

it depends on what state you live in. in texas they just reinstituted the "kingdom law" which states that if you feel you or your family are in danger, then you do have the right to use whatever force necessary up to and including deadly force to protect yourself and your family!
you`ll have to check for such laws in your own home state.

wicked6string

Unless you are already a law enforcement officer, you should probably hide under your bed. We all know that only a law enforcement officer can use deadly force to protect his and his own families lives. Make sure that if you shoot this thug he falls INTO your home, as opposed to OUTSIDE!!!!!

Matt K

nope, unfortunately both are well within your rights (self-defense) if you had a choice i'd suggest using the bat because you would feel better about knocking him unconcious than killing him. Killing is not as easy as the innocent believe. Or better yet, get a helluva lot of locks on your front door and get mesh put in your windows. that's probably the best choice.

dryheatdave

You DO have the right to DIE, trying to kill an intruder, who is better with a gun, than you are (or if his partner is better with a gun, than you are).

Q. Is it really worth your LIFE to protect your PROPERTY ?

I recommend - if someone breaks in to your house, when you are there - leg it out the house & dial 911.

I have NOTHING in my house, that I will put my life at risk, to protect. I have a S&W .357 & a 12-gauge - but I will only use them to protect my LIFE (if I can't get out unscathed).

kayliiee

I think you could get charged unless it was under self-defence.
If he attacked you, then you'd have the right to defend yourself and use your bat.
But I think you're a little too worried.

qwelzf

if someone busts into your house you can shoot them ONCE as long as there is no laws against owning a handgun in your area. If you shoot the guy a bunch of times and he dies you will go to jail. You have to not overuse the force. Just enough to stop the guy. Multiple shots could send you to jail.

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