If you shoot and kill a trespasser on your property, are you criminally liable?
Find answers to your legal question.
If you shoot and kill a trespasser on your property, are you criminally liable?
 
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turboweegie
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If someone is walking across your lawn, just passing through, then it's homocide.
If you're arguing with someone and they're standing on your property, but not threatening you, it's also homocide.
If someone breaks into your house in the middle of the night, fire away! |
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Rich B
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Lots of variables. I suggest you check with your local law enforcement. Also I believe the NRA website has information that will help you in this matter. |
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kasawn_kitty
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That is a loaded question; if the trespasser is strickly on your property as in your back yard, front yard, front stoop and so on yes you are criminally liable for shooting and killing them. If they are in your home and you have a reasonable assumption that you are in danger for your life, no you are not criminally liable. You just have to make sure that your gun is registered, and you are legally able to own a weapon. |
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EvilAngel
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No, just drag then inside the house and break a window, claim it was self defense. Good luck. |
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kathylouisehall
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A mere trespasser? Yes. You are liable unless they posed a threat to your personal safety. You can use force against force. Presumably, if they are only trespassing (say, walking across your yard), they are doing nothing to you personally so you can't kill them. Sorry. |
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JayP
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If they are only trespassing, yes you are.
Likewise, you could not set a trap on your property that could injure or kill a trespasser (Katko v. Briney).
"The law has always placed a higher value upon human safety than upon mere rights of property" |
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minx
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Depends on whether you can prove that you are mentally ill or not. Apparently, mental illness is an acceptable excuse!! Oh no!! Forgot to take my meds!! |
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Pablo
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yes |
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Terry
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That depends where you live. Most jurisdictions require the use of 'reasonable force' when there is an 'imminent threat'. So if someone just came on your property, had no weapon, and was not threatening you, it's unlikely you'd get away with murder. |
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Neil G
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yes |
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L J
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The incident has to be a direct threat to your life you have the right to use lethal force. It depends what the trespasser is intending to do. |
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barb
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i believe they have to be INSIDE your home |
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BigAl
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If you live in New England, you wouldn't be if they entered you house due to the "Make My Day" law. |
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GuessWho
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Interesting question.
It would really depend WHERE you lived !
Here in the UK, you will be prosecuted. Infact this actually happened to a farmer, who chased Two robbers off his property, and he fatally shot and killed one - The farmer went to jail !
However in the USA you would probably get away with it ;)
There is a very fine line - also the robber (if he survives) is more than likely going to try to sue you for damages - personal injury.
However, if you state it was in self defence, you would have more of a case.... I think they call it using "reasonable" force (to remove the persons from your property). |
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Believe
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yes unless the trespasser was in your home. |
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Jack
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I hope not. Because if I got the chance to shoot a trespasser, I would (If he entered my house, that is. I wouldn't worry about it if someone is just walking across my yard.). |
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