Shooting an unarmed criminal
- Thread starter Dust_Devil
- Start date
In Arizona, if he's in your house then you can shoot, or anywhere he made an unlawful entry. but I would only shoot if I belived my well being was at stake, thinging he mignt have a gun in his pocket is not a reason to kill a man. To kill someone is a terrible thing, thinking someone might hurt you is not reason enought. MO
"he shoulda armed himself"
jcoii: Funny I thought the same thing. One of my favorite movies. To the scenario: Definietly depends on your state, and the situation. I'm in NY. In the house you have no obligation to retreat and may use deadly force if you reasonably believe you are in danger. So you could go into the back of your haouse and pass as many exits as you want, and not call the police. If there's a guy in your kitchen, you draw down on him and he doesn't retreat, you've met the defense of justification criteria in NY. However, it is expressly written that you may not use deadly force to stop someone from stealing your property. If you look outside your house and they are stealing the car, you cannot use deadly force to stop it. If you are out in the streets, you'll have to prove you were in danger of losing life. The guy would have to stop breaking in to the car and advance toward you, then ignore your command to stop. Even then its sticky. The jury will want to see you prove you could not safely retreat. If you can back away or some such thing, you'll have to. Its tough. There's no easy rule if you are outside of a work or home environment. the guy's 6'4"and 300lbs, and he starts coming at you when you asked him to please not steal your car, you'll have a good case if you pop him. especially if you are 5'3" and/or a woman. But if he's 5' 1" and your 6'5" and he's unarmed, your in trouble. Personally, I'd confront anyone stealing my car, what happens next will be dependent on the other variables particular to the situation. But whatever, I would not plant a weapon on the guy. The detectives will see through that like they're looking through a window.
jcoii: Funny I thought the same thing. One of my favorite movies. To the scenario: Definietly depends on your state, and the situation. I'm in NY. In the house you have no obligation to retreat and may use deadly force if you reasonably believe you are in danger. So you could go into the back of your haouse and pass as many exits as you want, and not call the police. If there's a guy in your kitchen, you draw down on him and he doesn't retreat, you've met the defense of justification criteria in NY. However, it is expressly written that you may not use deadly force to stop someone from stealing your property. If you look outside your house and they are stealing the car, you cannot use deadly force to stop it. If you are out in the streets, you'll have to prove you were in danger of losing life. The guy would have to stop breaking in to the car and advance toward you, then ignore your command to stop. Even then its sticky. The jury will want to see you prove you could not safely retreat. If you can back away or some such thing, you'll have to. Its tough. There's no easy rule if you are outside of a work or home environment. the guy's 6'4"and 300lbs, and he starts coming at you when you asked him to please not steal your car, you'll have a good case if you pop him. especially if you are 5'3" and/or a woman. But if he's 5' 1" and your 6'5" and he's unarmed, your in trouble. Personally, I'd confront anyone stealing my car, what happens next will be dependent on the other variables particular to the situation. But whatever, I would not plant a weapon on the guy. The detectives will see through that like they're looking through a window.
kennybs plbg
New member
I'd suggest you read Article 35 in the NYS Penal Code again.
kenny b
kenny b
#18indycolts
Moderator
if someone is in your house...even in TX, yes you can shoot. But be prepared of the over protective legal system in america.