Would i go to jail if i kill a burglar?

Politically Wrong

More than likely...unless you were under direct threat of your life.....If you do, toss him into the house and plant a weapon on him

Jasmine

It depends on the laws in your state. Texas just passed a law that goes in effect Sept 1st and it allows you to shoot someone dead if they threaten you while your in your car or at the office. Before it was just while your in your home. This is for violent crimes and people trying to enter your home.

Check the laws in your state.

Brown-eyed girl

I have had this same conversation with the local law enforcement. You need to have the person in your house to kill them in self-defense. If he's in your front yard or something, you can't kill him. But, the best way to be for sure is to talk to a lawyer and a local law enforcement agent.

txpolice_85

depends on where you live, most states in the US you would be justified in defending yourself, family, and property. However, in UK a burglar was breaking into a house when the owner shot him with a shotgun. The burglar didnt die, sued the owner and won. Not only that the owner was sentenced to prison for assault. Also if you are going to shoot someone shoot for the torso. If you try to shoot him in an arm or leg, miss, and the bullet goes through the wall and hits a neighbor or someone walking down the street you are responsible. That can be a charge up to manslaughter.

rac

Whether or not you are charged with assault or attempted murder or murder, etc. would depend on the facts of what happens after you grab your weapon and find the intruder. Does the intruder attack you forcing you to defend yourself? Does he try to escape and you chase him down and attack him? You are only allowed to use the force necessary to protect yourself or your family. You can only use deadly force if the intruder is using deadly force against you or your family. In order to get a self defense verdict, you would have to prove the facts indicating that you or your family were in iminent danger of life and limb. If you can detain the burgler without harming yourself, your family or the burgler, then you can turn him over to the police when they arrive. If the burgler escapes and gets away, leaving you and your family safe, that is okay too. You cannot fight back unless you or your family are in imminent danger. If not, then yes, you can and will be charged with the crime against the burgler.
I hope that helps.

katydid_msu

If the burglar physically attacks you or a family member and you fear for your life, it would be considered self-defense, or defense of others. But, if you sneak up behind the burglar and kill him, you may be in some trouble.

In a somewhat related case, you probably heard about the burglar that fell in the person's house he was robbing and sued the owner because he was injured. The burglar won! So, I feel this puts a little doubt in my mind as to whether you would get off completely.

But, I think in most cases, a burglar does threaten the lives of you and your family and you could claim self-defense or defense of others.

George D

Depends if you live in a civilized state.
You should always call the cops first, by going into your house you put yourself at risk. What if there had been someone and they had a gun?

Tom B

in Florida you don't have to back down from someone ,and can use reasonable force to defend yourself . they would have to be threatening you are your family,but you could of course lay a knife beside them after beating the fool out of them i suppose

mediik2

If someone is in your house you have full right at that time to kill him just be sure to only attack him till he goes down their are laws about over use of force. But if you do kill him (or anyone else) just be prepared to justify what you did in front of a court.

Snuffy

if you do him in outside the house, drag his butt inside before
you call the police - outside you're free meat. if you have any reason
to think someone is inside and you are outside, call the police,
that's stuff they do, then you don't need to worry about legalities

Mickey F

Don't take a knife to a gunfight. Second, call the Police on 911 and tell them you have a intruder and you FEAR FOR YOUR LIFE, and how you are behind a locked door, then if you shoot this fool, you did everything to retreat, its documented on tape, especially if you even suspect he has something in his hand, and make sure you say all this over the 911 call. Dead men tell no tales!

stephaniee

well im not to sure i dont really no about these things but i guess if he was coming at u and ur familie and u wanted to protect them i guess thats self defense ...well at least thats what i would think but i don no

S c a l p e r

Its better for you to buy Taser C2 (http://www.taser.com/self_defense/index.htm). That will do the job.

Barkin Chickens

Depending on where you are, you might only be detained for questioning.

HOWEVER, the baseball bat thing. Will get you some serious jail time, unless you kill them on the 1st swing.

Excessive force...can not be used. You can't continue to beat the guy/gal.

But, if you just shoot them.....oh well. If they continue to come at you..a second round may be necessary

Proud Army Wife

u probably wont go to jail if that was to happen because they broke into ur house and u were just protecting urself and ur family from that person but u will have to show proof that they broke in and that u felt all of ur lives in danger. ur saftey and ur family saftey comes first in these kinds of situations.

blackmule

Not if I'm on the jury.

Den V

When the cops come tell them you were in fear for yourself and family. Then say no more and call lawyer.

firelord277

Yes you will go to jail if you attack the burglar but if it was self-defense you will probably not go to jail. But talk to a police officer or lawyer just to be sure.

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