Home Invasion

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  • Steyr40

    Active Member
    Mar 3, 2012
    157
    AA County
    Now that home invasion is classified as a violent crime in Maryland, how does that affect the use of lethal force in such an event? And does it matter if the perpetrator has a weapon or not? Also, if I am not allowed to carry in Maryland without G&S, but come home to an active home invasion, being that it is a violent crime, what recourse do I have to protect myself in my home as defined in Crawford v. State, 231 Md. 354 (1963). Logically, I would have to already have my gun on me, right? I guess my right to protect myself and my family in my home starts when I get home, lock the door behind me, and remove my gun from the safe?
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    IANAL but I would say the law would look on you unfavorably if you went into the house if you knew it was being burglarized. Now if you went in because let say you thought your wife and/or child was also inside it may be a gray area. Otherwise it would be like using deadly force to stop someone from stealing your car from your driveway.
     

    govwontletmebuycoolguns

    ΜΟΛΩΝ ΛΑΒΕ
    MDS Supporter
    Feb 3, 2010
    3,877
    DPRM
    In Maryland, I think you're supposed to throw this on the floor and see who bends over first.

    8613.jpg
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,339
    Glen Burnie
    If someone is in your house when you're not there, that's not an invasion. That's a burglary.

    Sent from my SM-G892A using Tapatalk
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,437
    If someone is in your house when you're not there, that's not an invasion. That's a burglary.

    Sent from my SM-G892A using Tapatalk

    Young lady we know walked in her home, closed the front door. She turned the hall and a man was digging through her bedroom. (used as home office) Luckily the guy upon the confrontation just walked by her and out of the house.

    Would that be a burglary , turned to home invasion?
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,339
    Glen Burnie
    Young lady we know walked in her home, closed the front door. She turned the hall and a man was digging through her bedroom. (used as home office) Luckily the guy upon the confrontation just walked by her and out of the house.

    Would that be a burglary , turned to home invasion?
    I believe home invasion is a violent act threatening harm. You know, guys busting in wilding.

    Sent from my SM-G892A using Tapatalk
     

    doublins

    Active Member
    Dec 16, 2015
    105
    AA County
    Several years ago my home was burglarized. As they had broken in through a back door, I didn't notice anything wrong when I got home from work and walked through the front door.

    On autopilot, I strolled upstairs to my bedroom and began changing out of my work clothes. It was only *then* that I noticed something was wrong because a couple of things were out of place in my bedroom, my laptop wasn't where I'd left it, and the real red flag- my digital bathroom scale was on my bed- Time slowed down while 1 million explanations raced through my head simultaneously-

    "My girlfriend came over while I was at work"
    "I must have moved it and forgot"
    "My neighbor is playing a prank on me"
    "My house was burglarized"
    "My house was being burglarized while I came home and they're still here"

    My brain leapt into action as soon as this one registered, and I immediately found myself acting without really thinking- fight/flight autopilot.

    I only owned one pistol at the time and it was loaded and locked in a case hidden underneath a million things in my closet- I grabbed it, immediately scanned my bedroom and proceeded to check the house.

    As I left my bedroom, here is where my heart got pumping- Down the hall from my bedroom door was another bedroom. I lived alone at the time, and since purchasing the house, that second bedroom was my 'workout' room, and ALWAYS had a pullup bar in the doorway, which meant the door was never closed. Not once. Ever. As I looked down the hallway, the pullup bar wasn't there, and the door was closed. My brain registered that "There is an intruder in my house, and he is inside that room hiding" Without even THINKING, I hid along the wall next to the door, then with one hand reached over and swung the door open- expecting to hear movement or shuffling or a quick breath, even, something from whoever was in the room. Following that, I peered in and then entered. Things were taken and out of place, but the room (and closet) were unoccupied.

    I repeated with every room in the house.

    I was COMPLETELY OVERWHELMED with fear, panic, adrenaline during this time, but everything I did was calm, automatic, almost robotic. I had never rehearsed anything I was doing, nor did I really have time or thought to consider the consequences or legality of anything I was doing.

    It was not until I had cleared the whole house, and had a minute to catalog everything that had been taken (laptop, two guitars, gaming systems, small electronics, my motorcycle from the garage along with ALL of my gear, helmets, jackets, etc.), and had time to figure out where and how they had broken in, that I even stopped to CONSIDER "Oh, yeah I should probably call the police to tell them I've been burglarized"

    The motorcycle had LoJack on it, and it was found down in Lothian within about 12 hours stashed in the woods behind an abandoned house. It had prints all over it, and eventually (a year later) it led to finding the perp, after he'd been arrested and linked to five other home burglaries. They were (at the time) two 15-year-old kids from Upper Marlboro.

    Tried in Juvenile court, they received basically a slap on the wrist for what would have been felony larceny and breaking and entering, and the scope of their punitive portion for me was basically a max $1000 in reparations to cover the cost of my insurance deductible. It was absurd. I insisted upon going to their trial and making a victim statement.

    In court, I explained to the perps not only how utterly violated I felt having had this done to me, but I told them the story above so that they could live that day from my perspective, and see how close they came that day to being shot by an armed, terrified homeowner, and how this likely would have ruined their lives, their families lives, my life, my family's life, all because they wanted to take other people's belongings. They and their parents were crying and balling, and the judge, with his hands tied by the system and unable to impose further punitive measures, proclaimed that I was absolutely correct and proceeded to give them a world-class verbal beatdown in front of the courtroom. Man, I wish I had it all on video.

    Anyway, the moral of the story is that I learned a lot about myself that day- both good and bad, about how I reacted in what my brain perceived to be a life-or-death threat scenario. I was proud of how calm I was despite being absolutely racked with panic and terror- I was surprised that 'calling the police' did NOT EVEN REGISTER as a thought. This is really important to note, because I have always considered myself an intelligent, REASONABLE person, and, mens rea being the standard upon which people's actions are to be judged in our criminal justice system, gives me an entirely new perspective on how important castle doctrine laws are-

    For many reasonable people, the 'duty to retreat' in the face of danger that is codified into the law in some jurisdictions, is simply not how they are biologically wired. It is unreasonable to expect that people, fearing for their lives and acting only on instinct, in a fight-or-fight situation, will take a moment to stop and consider "wait a minute, I'm supposed to flee and call the police."

    This experience was eye-opening for me for a number of reasons, and although many years have passed, as a current W&C permit holder, the potential legal implications of acting on instinct in this scenrario are not lost on me, and I hope that it serves as a learning experience.
     

    TexasBob

    Another day in Paradise
    MDS Supporter
    Oct 25, 2012
    2,485
    Space Coast
    Big mistake to even think you can break into my home, told the wife the rules of engagement, we feel our life's are in danger by anyone entering our home uninvited. Until they are take off our property in cuffs or carried out the door we treat them as a threat to life and limb.

    Give no quarter, the system does not work or protect the victim, spare the criminal and your ask for a repeated action.

    http://criminal.findlaw.com/criminal-law-basics/states-that-have-stand-your-ground-laws.html.
     

    Fnh57

    Member
    Sep 30, 2017
    66
    Baltimore area.
    I would think if you came home and found someone in your house that's a threat. Even if no one else was there like wife and kids. If they are I would hold them at gunpoint and shoot if they came at you or if you felt threatened. Part of it is your perceived threat. This gets muddy legally with Maryland. It seems the criminals have more rights.
     

    TexasBob

    Another day in Paradise
    MDS Supporter
    Oct 25, 2012
    2,485
    Space Coast
    You rights to defend yourself and your family comes down to where you live. Many states as in "Maryland" you have little rights to self-defense and are under placed in a duty to retreat rule when you are not under a threat to your life. Hard to explain why someone is shot in the back as a defense to a threat.

    Old Friends of mine in Texas who are in law enforcement always said it not a good idea to shoot someone coming in a widow, they might fall outside, wait until they are through the window then drop them!
     
    Last edited:

    Lev928

    Banned
    BANNED!!!
    Dec 20, 2015
    105
    WESTERN MARYLAND HILLS
    If you are home and a burglar(s) enters to steal property, it is a 1st Degree Burglary (if he does not actively confront you OR you are unaware they are there). If the same burglar(s) enters the house and confronts you in a direct attempt to rob you, it is then a "home invasion robbery".

    If you arrive home to find the burglar in your home and they do NOT confront you (ie; flee), then it is still a burglary.

    Burglars tend to avoid confrontation, whereas a robber seeks direct contact and uses threat of violence or actual force.

    As for the self-defense/use of deadly force question, in Maryland (as a burglary/home invasion victim) -- generally speaking -- you must fear for your safety or the safety of others when presented with force (or the threat of force) and have no reasonable means to escape. Maryland is not a "castle doctrine" state, so to speak.

    You have no legal right to shoot a burglar simply because they broke in to your home to commit a property crime (steal your stuff, but not attack you -- whether you're home or not).

    This is the layman's explanation of the law.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,273
    SoMD / West PA
    If you are home and a burglar(s) enters to steal property, it is a 1st Degree Burglary (if he does not actively confront you OR you are unaware they are there). If the same burglar(s) enters the house and confronts you in a direct attempt to rob you, it is then a "home invasion robbery".

    If you arrive home to find the burglar in your home and they do NOT confront you (ie; flee), then it is still a burglary.

    Burglars tend to avoid confrontation, whereas a robber seeks direct contact and uses threat of violence or actual force.

    As for the self-defense/use of deadly force question, in Maryland (as a burglary/home invasion victim) -- generally speaking -- you must fear for your safety or the safety of others when presented with force (or the threat of force) and have no reasonable means to escape. Maryland is not a "castle doctrine" state, so to speak.

    You have no legal right to shoot a burglar simply because they broke in to your home to commit a property crime (steal your stuff, but not attack you -- whether you're home or not).

    This is the layman's explanation of the law.

    One caveat: If you are home, you have no duty to retreat.

    Feel free to look it up.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,339
    Glen Burnie
    If you don't know someone is in there when you go in, the same rules apply as if you were already in there. Threat/no threat rules.
    The sticky wicket is if you know someone is in there and go in to confront them, well your goose is cooked. That is if it can be proven.
     

    Lev928

    Banned
    BANNED!!!
    Dec 20, 2015
    105
    WESTERN MARYLAND HILLS
    One caveat: If you are home, you have no duty to retreat.

    Feel free to look it up.

    As I stated, it was a layman's explanation of the law for those that don't have the formal legal education or LEO training/experience dealing with such crimes on a regular basis in Maryland.

    Personally, if someone breaks into my home -- and I'm home -- they will either comply to be detained, or will face the consequences if they attempt to use force.
     

    Lev928

    Banned
    BANNED!!!
    Dec 20, 2015
    105
    WESTERN MARYLAND HILLS
    If you don't know someone is in there when you go in, the same rules apply as if you were already in there. Threat/no threat rules.
    The sticky wicket is if you know someone is in there and go in to confront them, well your goose is cooked. That is if it can be proven.

    That is mostly true. However, the court will evaluate the overall incident from a reasonable person's perspective. They will determine if you (the victim) "created the situation" in which deadly force was used (ie: entering the home to confront the burglar).

    Again, burglary is a property crime. It only changes legal dynamics if the criminal makes the choice to use (or threaten to use) force ie: burglary vs. home invasion robbery, or if you are home when it occurs and you come in contact with the criminal.
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    As I stated, it was a layman's explanation of the law for those that don't have the formal legal education or LEO training/experience dealing with such crimes on a regular basis in Maryland.

    Personally, if someone breaks into my home -- and I'm home -- they will either comply to be detained, or will face the consequences if they attempt to use force.

    If they have their hand on the door knob and are trying to exit the home.....what happens?
     

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