What are the laws regarding use of force against intruders?

theskullknows

you have an inalienable right to protect your home

matt v

1st depends did the clerk start trouble 2nd was he braking and entering 3rd if none of none of the above then beat the s$$t out of him

Hawaiian Eye

This is a difficult question to answer,but the bottom line is
"did you FEAR for you LIFE" and have to defend your self?There is TOO many GRAY areas to ask first prior to ascertaining an appropiate answer,were there any weapons involved, size of perpurtrators,did they seem on any substances.etc...each state has it's own laws regarding"Defending of self Preservation"you need to talk with an Attorney in your area,try one of those FREE call in shows where you can tell them the "Scenario" with all the facts given,then you may be able to get a definite answer,remember what FACTS you give and/or FORGET to include
may be damaging to you later,Lawyers have a way of Nailing a perfectlly GOOD CITIZEN,in a self defense case,when they inadvertentlly forgot to mention or miss say what happened.even the CROOKS have rights now days even tho they were politically incorrect...what a goverment,every one wants money...(o they were a good m/f until they got on drugs etc,and started hanging around the wrong crowd...lalalalal....heard it all before the story never changes)also of course in a FIST fight(old school)someone is bound to get hurt and just maybe the bar owner was a better trained fighter...than the hooligans..tell your friend that if this is an actual case he had better retain a Lawyer just in case...
sorry I couldn't give you a definite answer, but than again if you were to go by my word ,it could turn south ....so i reccomend he Retain a Lawyer GOOD Luck

ps if any words or typos excuse 'spell check '' was not working,thanks for spell check makes report writing or what ever a breeze now days

haircare

yes it's allowed as long as he knows that the burgalurs were their, he can do whatever to get them out of his house, if it's too dangerous to call the police.

eayrin

well i no the law regard the UK - the words are 'reasonable force'
that's not very helpful, basically if it can b proved that the injuries caused were necersary 2 protect himself then it is within the law.

CHHine

Depends where U are. In TX if there are bodies the pigs write it up like a traffic stop. Pretty common there.

oldmoose2

It varies by municipality and state (assuming US). Generally, you can get away with "appropriate force" - in other words, if he hits, you can hit. If you need to kill to defend/save your own life, then you can kill. You'd better darn well be sure you can prove lethal force was necessary since the touchy-feely amongst us (and civil lawyers) love to pick these apart.

People have been jailed despite believing they needed to use force. Others have been sued by the families of criminals who were killed in the commission of their crimes. It's a wonderful world we live in huh?

Karljt

I remember a really funny case where a man found a burgler in his house

He picked up a kitchen knife which terrified the burgler who started to climb out the kitchen window. On his way out he got a quick stab on one of the burglars butt cheeks

Dan G

varies state to state...and this is governed under individual state laws. You need to talk to a cop in your area to find out.

georgie g

absolutely----self-defense. good for you for catching them.

fr_chuck

advice, hire an attorney

It will depend on your nation, and if the US, what state.

Some states have laws that you can not use force unless you can't get away and/or if you are threatened.
So you have to stand there and say "oh my goss don't stell my safe" and watch them walk away with it.

In some states if you can get away, you have to get away not use vilence.

In some states you can use force to stop a felony.

If you live in a state where you were suppose to run away first, he could actually sue you for assualt if you hit him first.

kingfischer22

It all depends on where the incident occurs. In Florida, if somebody breaks into your property, you have an expressly guaranteed right to SHOOT them. In New York, (where I live) I wouldn't be surprised if the intruders ended up owning the frickin' bar. That is, if they get a lawyer. The pub owner better contact a lawyer, just in case.

lilly

He has the right as other people have said, to use of reasonable force. This is variously interpreted, but as a general rule of thumb it means not escalating the level of violence. So if the burglars approached him and looked likely to attack him, then he would be within his rights to restrain them or punch them back. If he then went on hitting them when they were down or trying to escape, he may have a charge to answer -- probably assault causing ABH -- but it would mean the intruders testifying against him and admitting their own crime -- most won't want to do this! If he was found guilty provocation of the intruders would be taken into account and a sentence would probably be lenient. It doesn't seem fair sometimes, but that's more or less how it goes.

lighthouse

Check with your attorney, but I think if you feel yourself to be in mortal danger, you have the right to defend yourself. Preventing the theft of personal is different and is best left up to your lawyer and a judge.

Stuart

If the owner of a business suprises intruders when the business is closed, he has a duty to leave and call police. If they attack him, he can use all necessary force to defend himself.

If, however, the intruders move upstairs, and are now intruders in his HOME, he may, if he wishes, simply shoot them dead. The homeowner may use deadly force to defend his home and property.

In this case, burglars in a pub after closing time, where the building is shared as a residence for the owner, can probably be argued that their intent was to enter the residence, too, and force was justified. (Or that, after closing time, the whole building became the residence. All the pub owner has to say is that he sometimes likes to go downstairs to get himself a drink to carry upstairs after closing time.)

migelito

In the UK you can use 'reasonable force' to defend yourself against attack. What is reasonable depends on the actual or percieved threat from the intruders and would be decided on in court. I think in practice it means you must only use sufficient force to overcome the attackers.

oh my head

better to be judged by twelve,, than carried by six ..

chanman486

protect urself

loufriends

i think after the incident where that farmer shot that intruder a while ago all the laws have changed....and especially if the man has been hospitalized im sure you can get done for gbh or abh if he presses charges,....hmmm not sure...goodluck x

jewels

i am sure you would have the right to defend yourself and your property, the key word being "defend". that doesnt give the property owner free will to beat the crap out of the intruder,or kill them. and each state has its own law on this subject.

thomas p

Reasonable force is the name of the game. Basically, common sense.
First, warn them, then if they get aggressive you have the right to defend yourself. This does not mean however, bludgening them with a lamp or cracking their skull open. Its a bit of a grey area really

strangedaze23

Depends on what state you are in since all states have differnt laws concerning use of force.

Generally, you do not have the right to use force to protect property (this is a commont precept in law).

A few states allow people to use force it protecting their homes, but not businesses. And the home being attached to the business in some states matters, and in some states it does not.

So without knowing the state and the state laws of that state it would not be possible to answer that question.

La_Belle_LadyR99

In the U.S. there is a law that states that you have the right to defend yourself, home, and property by means of force if necessary.

Keith

It depends. It's a pub ... a public place. Did they walk in or break in? That'll be the point this is decided on. If there was no forceable entry he can expect to be in a bit of trouble.

BILL P

'DEAD' 'persons' don't 'speak' and can NEVER harm/injure/etc. 'another' 'creature' again ....so don't be afraid to act in the defense of 'your-self'/your-own'....DON'T become a VICTIM in order for 'others' to make a living at 'your' expense ....not to mention 'your' time...( so SHOOT and ask Questions later....).....

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