If Someone Breaks In...........

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If someone breaks and enters my home, can I shoot them without legal reprocussion? If so can they sue. If they die, can I be charged?

Just wondering, because a buddy of mine got sued by his burglar when he shot him in the back. I assumed it was because it was in the back. But what if you shoot them in CM but they dont die???? Am I financially liable?
 
Anything is possible in the court system. You will most likely have the case go in front of a grand jury to let them decide.Can they sue yes if they're still alive.Will they get anywhere with it depends on where you live.If they die then their family will most likely sue. In tennessee here we have what is called the good samaritan law it's a big help here in regards to a lawful shooting. So the best way to win a court case is if there is only one story told.;)
 
It's my understanding that the justifiable use of deadly force in self defense does not protect you from civil suit. BUT don't quote me on that. I may have that a little wrong I don't have my DPS booklet in front of me that I got from my CHL course. (I live in Texas too)
 
You should read the laws of your state as regards to what and when it's legal to shoot someone. For the most part, one must be in immediate danger of death or severe bodily injury before one can shoot.

Being inside your home only means something as applied to a "castle" doctrine if your state has one. You also need to know if you have a duty to retreat before shooting.

If you are inside your home yet there is no reasonable danger, you're not free to shoot someone just because they broke in. If you must retreat before shooting then just shooting without retreating will get you in hot water. A "castle" doctrine law will help as will laws which declare those engaged in criminal activity unable to sue for damages that occur while they commit a crime.

However, you should read and be intimately familiar with ALL the laws of your locality (any local laws as well as State and Fed).
 
As stated, it depends on where you reside. Here in Colorado- if someone breaks in to my house when no one's home the only issue will be- are your dogs licenses current and have they had their shots? If it's when we're home, there is no issue.
 
Here in Florida we have the Castle Doctrine. If you're home and someone breaks in with what you believe to be the intention of harming or killing you....fire away! Bible saleman or psycho killer...either one will be looking down the barrel of my SIG and thinking "what was that flash, what was that noise, where did all those big holes in my chest come from?"
 
Here in Florida we have the Castle Doctrine. If you're home and someone breaks in with what you believe to be the intention of harming or killing you....fire away! Bible saleman or psycho killer...either one will be looking down the barrel of my SIG and thinking "what was that flash, what was that noise, where did all those big holes in my chest come from?"
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Castle law...

yes kemasabe is correct....as a fla ccw permit holder I know the law also statesthat if the bg survives he cannot sue you in civil court...if he dies his survivors cannot civilly sue you...if it is a good shoot and in florida...if you fear for your life....respond accordingly
 
People seem to have more problems with those burglars that live. Not that I'm out to kill anyone but why should someone who broke into MY HOUSE that I have had to do a lot of crappy jobs to PAY FOR who may want to RAPE and BEAT my wife or family and KILL us get to take me to court and SUE ME for the posessions and money they didn't get a chance to steal? It seems like the burglar gets more money if he takes a bullet and lives than he would have gotten had he stolen something. DEAD burglars don't have a side of the story to tell.

Shoot an intruder in the back? Flip them over and shoot them from the front or say that he was lunging toward your wife, kid, mom whatever and you felt you had to protect them.

Our state house has just passed one of those "Florida Laws" about shooting first and asking questions later.
 
"If you are inside your home yet there is no reasonable danger, you're not free to shoot someone just because they broke in."

The he!! you say, that's not the way it'll play out at my house. If they just broke into your house that in and of itself is "reasonable" danger, they've already commited one crime (B&E), I'm not gonna wait to see what else he has planned.
 
atlctyslkr ---

Seriously bad advise, with crime scene technology and seperate interragation of your family your alteration of the facts will likely be detected and then your credibility is ZERO for the whole thing and you will likely be on the criminal and civial hook, bottom line don't shoot a fleeing burgular or most any fleeing suspect, if you do tell the truth, most states on most days it will go better for you than an attempt to lie and cover up.
 
Thanks for the back up GAJohnny. I'm not out to intentionally kill someone or on a path to revenge. Just want to live in peace and know that at least the deck isn't so stacked in favor of the criminals. Glad we're getting a Florida law. Basically it forces criminals to think harder. Puts more power in the hands of the law abiding citizens who are productive members of society. Do you really want to share your community with burglars, rapists, ect? Not me. Maybe some of these people will move to states where it's okay to violate people because they don't have the arms or are too worried about the legal ramifications to deal with it.

-I don't drive through your hood so stay out of mine!
 
Does anyone know if New York has the "Castle Doctrine" also? I'm curious to know what the actual law states for breaking and entering, if I am in danger of my life.
 
With all the rapes, murders, abductions, stabbing, shooting, whatever we unfortunatly face it todays world. If a man breaks in my house and my eyes meet his, he can cancel christmas cause church is over. Decent hard working citizens of society like most of us, fall victim to these socail paracytes enough. Its not enough what they do on the outside world? They have to breech my castle and enter my place of peace and family and feed off me here, i think not. Throw me in jail for as long as you want, if im alive and my family is alive its a chance i will take, im not gonna sit around and see what the other outcome might have been, my family is full of cops and put their life on the line everyday we will be damned if our lives are at risk in our dwellings.

Not sure about NY but i know Va gots it!!
 
Tried by 12, or carried by 6. Make up your mind now...before the "moment".

I made my choice in 1972...the day I got married.
Mark.
 
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"Does anyone know if New York has the "Castle Doctrine". Bullz: I almost did a spit-take when I read this. Given NY's reputation, I couldn't imagine anything so reasonable as a Castle Doc. there. However, Bernard Getz had some legal right to self defence--even in NYC. Hopefully you do too!
 
The answer to questions like these can almost always be summed up in two words -- it depends.

It depends...
On where you live - different states have different laws. Know yours well.

On how the BG broke in - was it by stealth or kicking in the door? Did he smash a window or ease through it silently?

On where you are in the house - if the intruder is on a different floor or across a large open "great room" it may be difficult to show immediate threat.

On what you do - What action(s) you take will be scrutinized over and over..
* Did you put yourself between the BG and his only/best exit?
* Does it appear as if you fired from behind?
* Could you have safely retreated from danger (from where you fired)?

On the attitude of the local PD, Chief and Prosecutors toward lawful self defense with a firearm.

Remember that your intent is to stop the person who is threatening your safety. Your primary concern is the survival of yourself and family. Whether Mr. Intruder dies of gunshot wounds or not, is much further down the list of priorities.
 
cobra,
yes kemasabe is correct....as a fla ccw permit holder I know the law also statesthat if the bg survives he cannot sue you in civil court...if he dies his survivors cannot civilly sue you...if it is a good shoot and in florida...if you fear for your life....respond accordingly
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Actually, it goes a bit further than that and even protects you against criminal prosecution as well. Without probable cause you can't even be detained much less arrested.

Just to clarify, Florida has ALWAYS had a Castle Doctrine as do most states. The changes in Florida law is really more a "no retreat" law as well as defining certain parameters under which self-defense will be assumed to be the case. As the law is stated:

A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
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776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
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Bottom line, if they break into your house, shoot 'em. Shoot 'em in the back if you want because it doesn't matter and has NO effect on you being charged or suffering a civil suit.
 
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