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Inside the home = Castle Doctrine
Outside the home = Stand your Ground
Stand your ground law is nothing more than taking the Castle Doctrine and applying it outside the home in any place that you have the right to be. However in Stand Your Ground cases, your life must be threatened by someone that has the ability to harm you.
But if someone is in your yard and you are in the home, you cannot just shoot at them because they are on your property.
The problem is that there often is a legal risk. And as homeowners we need to try to understand those.
If your version of events, and forensics are consistent, and you are in your home.... the legal risk is pretty miniscule.
You cant even be sued..
776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.—
(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person,
If your version of events, and forensics are consistent, and you are in your home.... the legal risk is pretty miniscule.
You cant even be sued..
776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.—
(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person,
The legal risk will depend on the state. I Arizona, I agree, the risk is very small. In Massachusetts, for example, your legal risk is probably a lot greater (nb. I don't know MA law so this is an assumption).
The civil risk follows on from the legal risk. If your justification defense is accepted then immunity follows.
The legal risk will depend on the state. I Arizona, I agree, the risk is very small. In Massachusetts, for example, your legal risk is probably a lot greater (nb. I don't know MA law so this is an assumption).
The civil risk follows on from the legal risk. If your justification defense is accepted then immunity follows.
Massachusetts, has the castle doctrine but apparently the victim must articulate that he feared for his life.
Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
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.
Seriously? Well, then, YOU can wait until they've physically harmed you. But you better hope you have the upper hand after that happens, because you've lost your chance.
Everyone should fell safe in their homes. If someone has broken in, for whatever reason, I think it's safe to assume they're up to no good. Do they deserve to die? Hard to say. But if you break into someone's home for whatever reason, you should expect that you might not make it out alive.
The problem is that there often is a legal risk. And as homeowners we need to try to understand those.
At the point where someone breaks in, legalities are out the window. The old saying "Better to be judged by 12 than carried by 6" applies here. (At least for me and my family)
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.
people do not shoot to kill, that is illegal. people shoot to stop the threat, and they aim for the largest target on the crook. too bad for the crook that the largest target on them is their chest.
if the crook does not want to get shot, then they should not be breaking into other peoples homes.
But if someone is in your yard and you are in the home, you cannot just shoot at them because they are on your property.
Depends on the circumstances and the state. If you are trespassing on my property and walking towards me in an aggressive manner... In Texas you can shoot someone that has entered your neighbors property, committed burglary and you have the belief the property will not be recovered.
Of course the homeowner should have waited to protect himself until he had taken the time to interview the criminal and knew for sure the guy wouldn't harm him, because the criminal obviously wouldn't lie to him, and the burglar had no history of violence and had only broken in his home to steal the homeowner's hard earned property. <sarcasm>
Inside the home = Castle Doctrine
Outside the home = Stand your Ground
Stand your ground law is nothing more than taking the Castle Doctrine and applying it outside the home in any place that you have the right to be. However in Stand Your Ground cases, your life must be threatened by someone that has the ability to harm you.
Precisely why if that burglar is running away from your house with your property, he is no longer a threat to you or yours. That is why you cannot shoot him in the back when he is fleeing.
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