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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.
How do you know he is the only burglar?
How do you know if he is fleeing or just running away long enough to pull the gun out he has stashed under his shirt and/or find something to take cover behind, before he starts unloading on you?
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.
This is actually a very sensitive topic. I think that the home owner had every right to kill the evil burglar. Barely. Just BARELY. I say this: I worked hard to have a property of my own. If some body wants my house, TOO BAD! Go get one yourself! This one is mine! Leave mine alone!
However, I do NOT want to fear monger to other people. They do this all the time all by them selves. It is stupid and I have fear mongering.
I agree. I'm just pointing out the potential pitfalls.
Understood, but when you're up to your a** in alligators .. It's hard to remember that your intention was to drain the swamp.
My dad is a lawyer and he taught two very important things. Aim for center mass and never answer ANY questions ( as Innocuous as they may seem) without your lawyer present.
It is a homicide. The prosecutor has to decide if there's enough evidence for a jury to support the man's claim to self-defense (or whatever defense the man's lawyer is contemplating) and what the political and career (his) fall out will be if he does/doesn't prosecute and doesn't get a conviction if he does prosecute.
It is a homicide. The prosecutor has to decide if there's enough evidence for a jury to support the man's claim to self-defense (or whatever defense the man's lawyer is contemplating) and what the political and career (his) fall out will be if he does/doesn't prosecute and doesn't get a conviction if he does prosecute.
Strongly disagree with this. The homeowner shouldn't even need a lawyer. Situations like this - where the homeowner takes out an intruder - should always be a cut & dry case of self-defense. The homeowner typically doesn't even know the burglar/home invader, so they shouldn't be punished for something that is completely out of their control. It's not their fault if a P.O.S. breaks into their house!
As far as I'm concerned, all home invaders/burglars should be taken out. Maybe then we'd have less of these $%^%$##@# breaking into houses!
Last edited by The Big Lebowski Dude; 04-30-2015 at 07:36 PM..
It is a homicide. The prosecutor has to decide if there's enough evidence for a jury to support the man's claim to self-defense (or whatever defense the man's lawyer is contemplating) and what the political and career (his) fall out will be if he does/doesn't prosecute and doesn't get a conviction if he does prosecute.
Not necessarily. In Arizona is is up to the State to prove that you were not justified. It is not up to you to prove that you were.
Trespassing is a crime. If he didn't want to be shot then he wouldn't trespass in the first place.
Yes, trespass is a crime. But, depending on the State, it is not a crime where a justification defense for the use of deadly force will prevail.
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