home robbery - hypothetical

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    alucard0822

    For great Justice
    Oct 29, 2007
    17,711
    PA
    Self defense is a legal defense that can be used with homicide or attempted homicide. You cannot "legally" shoot anyone, you can justify criminal actions within self defense law, and as a result may or may not be charged, tried or convicted.

    That being said, if a person commits a felony by breaking and entering, then you can easily articulate a fear for your life, claim self defense, and have a very good chance that you won't be charged, and very little chance of ending up losing in court and ending up in prison unless you make some massive mistakes.

    Some of those massive mistakes would be: Admitting you were not in fear for your life, that you knew for a fact the person was unarmed, and did not have an open or concealed weapon. Admitting the intruder was not in a position to harm you, did not have access to anything that could be used to harm you, and through psychic ability you knew the sole intention was to take your property and leave peacefully. That you did not seek to use lawful force to stop the theft of your possessions, and the intruder escalated to the threshold of deadly force.

    There is a reason criminals beat charges for violent crimes every day, they know to keep their mouth shut, they know the law in large part involves things like intent, justification, and legal arguments that can cause some jurors to doubt that they meet the defined legal standard for a charge. There is also a reason innocent people end up in prison, usually massive mistakes, accepting blame for something they did not cause, confusion, "friendly" police that assured them they were within their rights, and just needed to tell them "what happened". People beliving stupid s#!t like "drag the body inside" if someone you shot runs out of the home and dies on the lawn. Believing it is OK to tamper with evidence, or believing the interview room doesn't have cameras all the time, while a frightened person cries "it's all my fault" in a moment of self doubt. etc.

    The correct answer is know your rights, know the law, protect yourself and your family, listen to your lawyer, let them do the talking, don't make ANY statement without a lawyer and time to prepare it.
     

    Bountied

    Ultimate Member
    Apr 6, 2012
    7,151
    Pasadena
    Self defense is a legal defense that can be used with homicide or attempted homicide. You cannot "legally" shoot anyone, you can justify criminal actions within self defense law, and as a result may or may not be charged, tried or convicted.

    That being said, if a person commits a felony by breaking and entering, then you can easily articulate a fear for your life, claim self defense, and have a very good chance that you won't be charged, and very little chance of ending up losing in court and ending up in prison unless you make some massive mistakes.

    Some of those massive mistakes would be: Admitting you were not in fear for your life, that you knew for a fact the person was unarmed, and did not have an open or concealed weapon. Admitting the intruder was not in a position to harm you, did not have access to anything that could be used to harm you, and through psychic ability you knew the sole intention was to take your property and leave peacefully. That you did not seek to use lawful force to stop the theft of your possessions, and the intruder escalated to the threshold of deadly force.

    There is a reason criminals beat charges for violent crimes every day, they know to keep their mouth shut, they know the law in large part involves things like intent, justification, and legal arguments that can cause some jurors to doubt that they meet the defined legal standard for a charge. There is also a reason innocent people end up in prison, usually massive mistakes, accepting blame for something they did not cause, confusion, "friendly" police that assured them they were within their rights, and just needed to tell them "what happened". People beliving stupid s#!t like "drag the body inside" if someone you shot runs out of the home and dies on the lawn. Believing it is OK to tamper with evidence, or believing the interview room doesn't have cameras all the time, while a frightened person cries "it's all my fault" in a moment of self doubt. etc.

    The correct answer is know your rights, know the law, protect yourself and your family, listen to your lawyer, let them do the talking, don't make ANY statement without a lawyer and time to prepare it.
    Don't talk to the police, get a lawyer and plead the 5th til he shows up.
     
    May 13, 2005
    2,772
    They must be in need. Help them out and give them more of your stuff. Toss them your bowling ball, a hot mug of coffee, the fireplace poker, a barbell. There are so many things they probably need tossed at them.
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,373
    Hanover, PA
    I stumbled on this video about justifiable force in a car when there's an angry mob pounding on it. There's some good principles here that also apply to this hypothetical:

     

    TI-tick

    Ultimate Member
    BANNED!!!
    MDS Supporter
    ****Hey, TI-Tick has a nice rusty Bolo knife he might let go for cheap! :thumbsup:
    Not so rusty anymore. While I do like redheads, I don't like rust.
    Similar bolo's on Ebay are around 2-300 but the bolo's not mine.
    Cleaning it up for a family member who did not know he had a USGI bolo stamped with a SN, US, and 1913. Clean and return. I could be a dick but I'm not a dick.
     

    Kman

    Blah, blah, blah
    Dec 23, 2010
    11,992
    Eastern shore
    I can't imagine someone who broke into your home didn't charge you when you confronted them.
    They most likely were armed with a cheap knife as well.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Self defense is a legal defense that can be used with homicide or attempted homicide. You cannot "legally" shoot anyone, you can justify criminal actions within self defense law, and as a result may or may not be charged, tried or convicted.

    That being said, if a person commits a felony by breaking and entering, then you can easily articulate a fear for your life, claim self defense, and have a very good chance that you won't be charged, and very little chance of ending up losing in court and ending up in prison unless you make some massive mistakes.

    Some of those massive mistakes would be: Admitting you were not in fear for your life, that you knew for a fact the person was unarmed, and did not have an open or concealed weapon. Admitting the intruder was not in a position to harm you, did not have access to anything that could be used to harm you, and through psychic ability you knew the sole intention was to take your property and leave peacefully. That you did not seek to use lawful force to stop the theft of your possessions, and the intruder escalated to the threshold of deadly force.

    There is a reason criminals beat charges for violent crimes every day, they know to keep their mouth shut, they know the law in large part involves things like intent, justification, and legal arguments that can cause some jurors to doubt that they meet the defined legal standard for a charge. There is also a reason innocent people end up in prison, usually massive mistakes, accepting blame for something they did not cause, confusion, "friendly" police that assured them they were within their rights, and just needed to tell them "what happened". People beliving stupid s#!t like "drag the body inside" if someone you shot runs out of the home and dies on the lawn. Believing it is OK to tamper with evidence, or believing the interview room doesn't have cameras all the time, while a frightened person cries "it's all my fault" in a moment of self doubt. etc.

    The correct answer is know your rights, know the law, protect yourself and your family, listen to your lawyer, let them do the talking, don't make ANY statement without a lawyer and time to prepare it.
    This ^^^^
     

    Bountied

    Ultimate Member
    Apr 6, 2012
    7,151
    Pasadena
    The NRA self defense course I took said to say:
    I was in fear for my life.
    I don't know how many shots I fired.
    I have nothing further to add until I have legal representation.
    Yeah, basically don't tell them anything until you talk to a lawyer.
     
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