House invasion laws etc.

[TheCount]

Due to the laws or guidelines that have been passed reasonble force is allowed to remove a person or persons from your house and if you kill them accidentally in the heat of the moment and can prove you didn't mean to you will be fine. Also use of an available weapon is allowed to an extent and if they chore something you are allowed to rugby tackle them and restrain them to return it.


Now seriously in all this who would just beat the living daylights outta someone burgling their house or similar?

[Kwajman]

Recently in Wisconsin a farmer caught a burglar in his house, used a shotgun to scare him into going outside. While the guy was leaving, the gun went off, the farmer was charged and convicted of manslaughter. He should have just waited for the police since the burglar wasn't resisting.

[Cuchulain82]

In Vermont my understanding is that you can kill someone who is unlawfully on your property as long as it is in self defense and the body falls on your land.
(this is one of those laws I heard about, not really researched, so someone will probably contradict me)

[Damien Alexander]

Due to the laws or guidelines that have been passed reasonble force is allowed to remove a person or persons from your house and if you kill them accidentally in the heat of the moment and can prove you didn't mean to you will be fine. Also use of an available weapon is allowed to an extent and if they chore something you are allowed to rugby tackle them and restrain them to return it.


Now seriously in all this who would just beat the living daylights outta someone burgling their house or similar?


I'm assumimg you live in the UK?
In the states,its a totally different matter.
Florida has just passed the "no retrest" law which states that if you are ANYWHERE on your propery...you don't have to run inside your house and lock the door like you HAVE to do here in the UK.
Other states have similar laws...its called the "castle docturine".

But here in the UK...screw that.
I find you in my house in the middle of the night...the police will find you here in the morning.
Here in the UK,you're supposed to call the police..."because thats what they are here for"(we really need a whiny voice mode)
Afriend of mine in high wycombe had to spend 10 days in the hospital cause a burglar kicked his head in....."while he was waiting on the police"!
Screw that! Ain't NO law makin me a victim!

[Davey Bones]

Many states do not allow just randomly picking up a weapon, it's considered to escalate the level of force. While you are certainly given leeway in the states, you don't have carte blanche to just shot someone for coming on your property.

[El Tejon]

TheCount, I'm sorry, I'm not tracking? Is your question who would beat up someone for merely being in one's house? If so, no way I would use my hands or feet, but a stand-off weapon. If one is in my domicile at night, criminal intent is manifested by that act. He isn't there to sell me an encyclopedia set (Monty Python reference). I still have to identify my target, but I'm not going to get in a silly sparring match.

Bam, the Florida law eliminated the "duty to retreat" anywhere, not just on one's property. By doing so, Florida joined the majority of American states by not having this duty.

Bai, you are correct. Your home is not a free fire zone. It depends is always the answer in criminal law. :D :Angel:

[Davey Bones]

I know, I'm one of the guys always telling the court "it depends" when they ask me a question :)

[Damien Alexander]

ah.Thanks for that,Tejon.
I stand corrected.
and I like that version better!

Bet you guys didn't know we had a psychic police force here in the uk,did ya?!

:D

[Kwajman]

In Vermont my understanding is that you can kill someone who is unlawfully on your property as long as it is in self defense and the body falls on your land.



Would dragging it back onto your property count?? :D :D

[El Tejon]

Ummm, probably not in your best interest, Kwaj.

Bai, so I assumed. :D :Angel:

[TheCount]

Realistically if someone was in my house stealing my tele i would probably beat the living hell out of them

[Afthelador]

Or shoot 'em.

[Crimson_Stone]

Shoot first. Question later.

[NaughtyKnight]

Yep the castle rule is here in Aus aswell.

You dont have to run, you dont have to try and talk them down, if there is a reasonable chance that they are going to hurt you, you may defend yourself. You may also go one above what they are doing.

If they are verbally abusing you, you may use physical force to remove them from your house. If they are being physically abusive, you may defend yourself completly. If they pull a weapon, then you may do ANYTHING to protect yourself.

[dori_kin_86]

In Mississippi, its completely legal to use a weapon to kill an intruder as long as its proven to be in self-defence, and it has to be on your property. Which is a blessing and a curse in my opinion. I would never want to kill an intruder, but I'm glad that if thats what is nessescary for the safety of my family and I, I wont face much if not any legal actions against me.

[TheCount]

I mean I feel a lot safer at least in the knowledge that if I hurt them I won't be sent to jail heh

[tellner]

No matter what the law says you can still go to jail. It's a matter of being able to convincingly articulate why you did what you did. As Massad Ayoob says "Know what you're doing and why you're doing it."

As far as the law goes, Oregon specifically permits the use of deadly force against someone attempting to commit a burglary against a dwelling and to defend yourself or an innocent third person against someone who is trying to commit a violent felony.

[Davey Bones]

In PA, it's all good so long as you didn't start the fiasco and the person really has no reason to be in your home...

[dru19]

in california you can only can only attack an intruder if you believe your life is endanger. if you cant prove that the intruder had a knife or a gun and that it was evident that he was going to kill you(not just come near you) and you kill him, youll get mansluaghter,
hard to believe cuase if he's got a gun and its dark , you wont be able to tell

[SamuraiJoe]

Kick their ass and then call the police. Chop off their hands and then call he police.

[|MT|omar]

Yep the castle rule is here in Aus aswell.

You dont have to run, you dont have to try and talk them down, if there is a reasonable chance that they are going to hurt you, you may defend yourself. You may also go one above what they are doing.

If they are verbally abusing you, you may use physical force to remove them from your house. If they are being physically abusive, you may defend yourself completly. If they pull a weapon, then you may do ANYTHING to protect yourself.

Im not too sure if that's true man, laws state that if someone was to break into your house, take your stuff and accidently breaks his leg while leaving he can sue your ass for neglegence as your house is unsafe... and you'll lose the case too

So i highly doubt you can hit them if you happen to come across someone breaking into your home... unless ofcourse they attack you, but im assuming they dont

[NaughtyKnight]

Its not about burglary, if they are trying to assult you (whether its verbal or physical) you can defend yourself to the best of your ability.

[Florida Warlock]

If someone broke into my house, it would of course be dark, so I'd sneak up behind them, disarm them of any weapon(s) they may have, and put them into a submission hold.

I would then proceed to remove any cash they may have on them (remember, you can always say thry stole it from you). If they put up a struggle, they'd be unconscious during this.

Then the police would come and take them away, etc. They may not have a weapon, and they probably wouldn't have it out if they did, and I doubt they'd have their own cash on them... but when the other guy has a knife it's so much more fun... and I would have absolutely no problem stealing cash from someone who broke into my house. They owe me for that window or lock they broke.

If they have a weapon out and are really trying to fight me with it, then I don't care what the laws are Ima beat the (insert profane term here) outta them. They came into my house and tried to fight me. They'll leave bretty bloody, but not dead. So, I'm pretty sure I wouldn't be in trouble when the police arrive... And if I am, I'll beat them into the ground for being so stupid as to try to arrest me for defending my home.

[tellner]

I'm not a lawyer, but I'm willing to bet that in all of these cases you are allowed to use physical force to remove a burglar or trespasser. What do they expect you to do with a possibly dangerous intruder, put on the kettle and offer him tea until the police arrive? Deadly force is where you'll see the biggest differences.

[Bil Gee]

I do like the idea of mugging them first :D Do you think taking them to the cash till and forcing them to make a withdrawl would be OK:D

[TheCount]

Accidental death is where allowances are made

[NaughtyKnight]

If I found someone in my house, it would be time for some ultra violence, regardless of what the law said.

You dont just go into a guys house!

The level of violence would be dictated by the weapons the burglar is carrying.

[Albert]

Now seriously in all this who would just beat the living daylights outta someone burgling their house or similar?

I would...

Its kind of funny, rite as i was reading this thread, i heard someone coming down the stairs to my basement slowly, i got up and was ready to club them when they walked through the door cause noone was sposed to be here, but it was just my brother coming in late and creeping around like an idiot looking for something. If he wasnt someone i knew though, he would have been eating my fist. It's not the fact that the persons just in my house, im not one who's going to flip out over a simple invasion of privacy and kill a man for it, its the fact that if your uninvited in my house in the middle of the night, your most likely here to hurt me or steal from me, and that i will kill you for.

[Kwajman]

My four foot eleven inch tall sister in law almost shot my 6 foot brother when he came home from a trip a night early in the middle of the night.

[NaughtyKnight]

Thats why guns should be banned in homes.

[tellner]

A typical knee-jerk response.

Hoplophobes always yammer on about "What if you shoot your drunk brother coming in late at night". The simple fact is that the odds are astronomically against anything like that happening. Even in the eeevvviiilll US the number of accidental gun deaths has been going down monotonically for the century that people have kept records. The chances are on the order of being killed by lightning.

Less actually since an unknown number of "accidental" firearms deaths are actually suicides mislabelled out of consideration for the family.