home owner shoots and kills home burglar should he be prosecuted? (money, laws)
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TRESPASS - (Law) To commit an unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully.
If you enter upon another's land wrongfully, that is a trespass. A felony.
In my state (Arizona), trespass and burglary are two different things. Trespass is a misdemeanor and not a felony (1st degree trespass can be a class 6 felony in certain specific cases) and burglary in the third degree is also a misdemeanor. You are not justified in using deadly force in the event of trespass and, if you do, you will be prosecuted. You can only claim justification in the event of burglary in the first or second degree, not in the event of burglary in the third degree. And, as I tried to point out in my previous post, even if you do claim justification you are still potentially in a legal minefield.
No do not prosecute. A burglar or a home invasion often starts out as a simple action but as the burglar starts into the process the home owner is in physical danger and must assume the worse even as the burglar may seek to control his own emotions. There is often only seconds for the home owner to act and we as a society must support and encourage his efforts to protect himself, his family and his home.
Umm, the "illegal intent" was breaking into my home in the first place. I'm not sure where you live that it's legal to enter someone's home without their permission. Remind me never to move there.
Generally, the difference between Trespass and Burglary is "intent to commit any theft or any felony". And that is where, legally, it gets tricky. In law, you have to 'reasonably believe' that the perp had that intent. But will a jury agree with your definition of 'reasonable'? And a defense of justification doesn't work for Trespass.
A long time ago a country Sheriff told me to do whatever I had to do to protect myself. Anything. Then drag the criminal outside and call the law.
Sounds like good advice.
Horrible advice. Inside, you'll likely not be charged. Outside, you'll likely be convicted. Maybe you got it backwards. If you shoot someone outside, drag them inside then call the police.
This is not a black or white, yes or no situation. And we shouldn't continue to let people get away with murder under the guise of self-protection. You should have to PROVE you were in actual danger, that your life was truly threatened.
How do you prove that? There is probably not going to be third party witnesses or video footage.
It's not usually what happens. A theif is just after materialistic things they can either sell for money or keep cause they can't buy it themselves. Most theives are not looking to hurt a person. They want to get their product and get out. This is why most home invasions happen during the day, when people are at work or out. This crime does not warrant death. Yes, I've been robbed before. It sucks, but I did not wish death to my intruder. I wished him a lifetime of bad karma, but not death.
Usually. Most. Unfortunately, victims of home invasion do not have time to conduct an interview to determine what kind of intruder he is facing. One mistake and if you're wrong, it could cost you your life.
Most criminals might prefer to get the goods and get out but theys also don't want to be seen doing it. Some might decide to eliminate any witnesses.
A co worker of mine said his neighbor shot and killed someone that came into his home while he was sleeping tried to rob him. The burglar came in during the day thought his neighbor was at work. The burglar wasn't armed the local DA isn't going to press charges. I don't think they would get a conviction anyway in my state of Arizona. If someone comes into a home to do wrong to me he knows the risk of getting killed. A few years ago 2 men entered a home tied up a retired doctor and his wife killed both of them burned their body's in a backyard. I think I would do the same and shoot the person in my home because if they get control over you end up like those old people. Have no idea what they are going to do I don't want to risk my family. Some of my co-workers have said the homeowner should have been prosecuted.
Seeing as how you don't know they are armed or not.....tough luck for the robber when the homeowner doesn't wait to find out.
Now, they can't see someone walking across their yard at night and come out guns blazing...but once you've entered someones house then all bets are off.
In general though, we don't have enough facts to come to a full decision.
Your co-workers that think the guy should be charged? Ask them how they'd feel if the shooter was a woman instead and the intruder and unarmed career rapist?
P.S. Intruders are only unarmed until they enter the kitchen or pick up a poker from the fireplace etc. lotsa true-crime shows the murder wheapon was something already in the house.
A co worker of mine said his neighbor shot and killed someone that came into his home while he was sleeping tried to rob him. The burglar came in during the day thought his neighbor was at work. The burglar wasn't armed the local DA isn't going to press charges. I don't think they would get a conviction anyway in my state of Arizona. If someone comes into a home to do wrong to me he knows the risk of getting killed. A few years ago 2 men entered a home tied up a retired doctor and his wife killed both of them burned their body's in a backyard. I think I would do the same and shoot the person in my home because if they get control over you end up like those old people. Have no idea what they are going to do I don't want to risk my family. Some of my co-workers have said the homeowner should have been prosecuted.
I think every state has its own laws, and I wouldn't know where your state stands on it, but I believe a person has the right to protect his/her home/family/property. Besides, if someone breaks into your home, you don't know if they're armed or not. I mean a person can't exactly approach an intruder and politely ask "Excuse me, Mister, but are you carrying a gun, knife, etc.?"
Seeing as how you don't know they are armed or not.....tough luck for the robber when the homeowner doesn't wait to find out.
Now, they can't see someone walking across their yard at night and come out guns blazing...but once you've entered someones house then all bets are off.
In general though, we don't have enough facts to come to a full decision.
Your co-workers that think the guy should be charged? Ask them how they'd feel if the shooter was a woman instead and the intruder and unarmed career rapist?
P.S. Intruders are only unarmed until they enter the kitchen or pick up a poker from the fireplace etc. lotsa true-crime shows the murder wheapon was something already in the house.
Under Arizona law (this incident happened in AZ) it doesn't matter whether they are armed (1st degree burglary) or not (2nd degree burglary). Provided you can get the DA or a jury to agree that you had grounds to 'reasonably believe' that deadly force was necessary then you are in the clear.
I think they should be prosecuted. Unless the intruder was trying to physically harm the home owner and put them in danger, there is no need to shoot someone. People shoot too quickly these days and they always shoot to kill. No one should die for trying to steal a TV or jewelry or whatever. Go to jail, yes, but killed no.
I am so tired of hearing the argument that theft does not warrant the taking of human life.
If you don't want to risk losing your life, then don't steal and don't break the law. It IS that simple.
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