I might be in trouble?

Eames

His family, most likely, does NOT have a case. Granted, I cannot tell you exactly how the case is going to go because I do not know all the facts regarding the story. However, I can tell you what a CLASSIC Model Penal Code breaking and entering/burglary case would look like:

If someone breaks into the home where you live and has the intention of committing a felony then, technically by the law, you have the right to use serious or even deadly force to stop him. The basis for this defense is that when a person breaks into your home without your admittance and is there to commit a felony, the felony has already begun once the burglar stepped into your home. Felonies are dangerous crimes, since it may be assumed that when a person breaks into your home to steal your personal property, they may stop at nothing to get it and may even inflict serious bodily harm or death against you and your family living in the house.

Your case is strong, because the burglar pointed a gun at you and you had a REASONABLE belief that he would inflict serious bodily harm or death on you. When someone points a gun at you, especially someone you don't know, it only seems logical that they will not hesitate to hurt you.

All you did was defend the lives of your family members and your home (often referred to in antique criminal law as your "castle") Looking at the facts as you have given them, you did what you had to do to protect the lives of your family members. Had the burglar killed you, they may have very well been defense-less.

unknown

get a good lawyer!!!! quick! in this messed up world today you never know!!! innocent get victimized! for example u heard of the case where a burgular was robbing s/o s hse at night and tripped on a skateboard and hurt himself? well he sued and WON!! now wat the hell is up with that?! i wish you the best of luk n u better win!

xoxmonkeysgirlxox

No you would win because it was self defense. breaking and entering is a crime. you'll get him dont be worried.

C_Bar

There is no case.

Because this didn't happen, he will have a hard time showing that it was you that caused him to be a paraplegic. Therefore you will win.

Nice gag though, Gagger.

Paranormal Princess

No.

silverblack12345

No it's self defense. I bet that taught him a lesson!

Hippie

no
you will be fine.

Mira

I'm pretty sure you have a point that he was endangering your life and you shot him on account of self defense. I think you could win the case.

EnRique Rodriguez

Depends on weather you shot him in the back because in some States even if the person is in your house, if you shot him in the back it is presumed that he was running away. But if you shot him while facing you in your house then it should be hard for his family to sue.

jacartamonkey

Congratulations on being alive!
I would have emptied the magazine on him.
("He kept trying to lift his weapon.")
I really hope your attorney can call for a summary judgement.

Ponokahontas:
If you are a criminology graduate, why don't you recognize the difference between the victim's family suing for tort, and the DA trying for criminal?

Ã¢?Â£China Ã¢?Â¥ DollÃ¢?Â

Definitely not, that was in self defense. He shouldn't have been trying to burglarize your house in the first place.

WindowLicker

juries are unpredictable. I hope you win.

kubrickian

actually he has a case. the burden of proof that he didnt threaten your life is on him though. i think you'll be ok.

Lola

if this is true then he has no case against u.
he had 2 have realized that if u woke up and so him u wouldn't just stand and stare...

Girlyâ™¥

wow, good luck with everyhing

Ponokahontas

yes he has a case- cops will tell you shoot to kill or don't at all. There's a clause in those situations that says basically, since he didn't fire at you you used excessive force and that's a criminal offense

** ppl are saying its self-defense but if the guy has a good lawyer he'll use that clause against you- basically they will make it look like it wasn't self-defense since he didn't fire at you & you can't prove his intent to

pmek15

You should probably check Nevada law for specifics, but I don't think they have a case. From what I understand, you have a right to bare arms and a right to protect yourself and your property. If you were simply minding your own business at the time of the robbery and IF it wasn't premeditated and IF the gun was purchased legally and was registered then you should be ok. However, if it goes to trial you have a pretty good case against the assailant.

dwh12345

If he had a gun in your house there is no way you will lose

bro_doogle

In Canada, you would be in trouble.... BUT you are in the USA that means that you have the right to protect yourself! He broke in to YOUR HOME.... He pointed a gun at you.... and YOU PROTECTED YOURSELF!

Anyone that breaks in to any home, and pulls a gun, DESERVES WHAT EVER THEY GOT!

themainsail

Was he charged with criminal trespass, home invasion, attempted burglary...what charges were brought against him? Were you charged with any kind of criminal offense?

As far as I can see, you were within your rights to defend yourself, your home and your property.

I can't see a reputable attorney taking a case like this, but in the event this occurs, countersue.

honest

Depends. I'm not being racist when I say this, it just seems to be the way things are now-a-days. If he is black, you could be in trouble. If he is white you won't have a thing to worry about especially if he was convicted of the crime.

Windwispers

I will pray for you. I would have done the same.

Ashley h

nope

soccersam243

i will pray for you too

j o s

it was self-defence. he deserves being shot anyway for breaking into ur house. if u didnt do that, u might have end up being the paraplegic one..

watup?

self-defense, he broke into your home. you should win.

Stretch

Gagger,this sounds like a case of pure 100% self defense,especially in your home and he is armed.you did not know his intentions.He is lucky you didnt kill him .Perhaps it should be you sueing him.Remember,alot of men would have done the same thing you did.....good luck.

Michael S

If I were you, I would contact an attorney with this question. Also check the Nevada Law Library here: http://www.leg.state.nv.us/law1.cfm

In most states you have the right to protect you and your family with whatever means necessary when some is trespassing on your property. Especially if your life was at risk!

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