home defence

[richard pries]

if a person breaks into your house and hurts a person can you use deadly force if they are running away and not facing you. correction DEFENSE

[leftyo]

im no lawyer, but if they are running away and you use deadly force, your probably going to spend time behind bars. now personally id say the bad guy deserves whatever you do to them.

[Vern Humphrey]

"As he was tactically repositioning himself in an attempt to outflank me, he momentarily exposed himself, and I fired."

[TomSudz]

Our county Sheriff and DA just had an event to answer just such questions. I'm in PA so this doesn't mean squat outside of here, but other states may be close. We have "castle doctrine" and "stand your ground" here and it was explained thusly- To use either of these, you must believe either yourself or others are in mortal danger and the person threatening you or the others must have a lethal weapon. So, a person running away from you poses no danger and, therefore cannot be met with lethal force.

For those who are interested, here's a link to the article in the Citizens' Voice- http://citizensvoice.com/news/author...laws-1.2254698

You'll need to answer a question to see the article, but they normally also have the choice of "I prefer not to answer." I'm not sure how long articles remain.

[Major Tom]

Drag the S.O.B. back into your house.

[clintonhater]

Drag the S.O.B. back into your house.

Absolutely, but be sure to wrap his fingers around a butcher knife before rigor mortis sets in.

[dave]

I think it is safe to say that would be the law in all states.

[Mike]

if a person breaks into your house and hurts a person can you use deadly force if they are running away and not facing you. correction DEFENSE

Hi Richard, If he is running away from you he is no longer a threat. They did away with "fleeing felon" rights by law enforcement. That means the police could shoot a fleeing felon. The test now is was your life in danger? The state of crime scene detection is advanced. If you move a body or plant a weapon you will be caught, regards, Mike

[JB White]

If you move a body or plant a weapon you will be caught,

If you hadn't said that I would have. Forensics have come a long way since the 60's. Do something like that now and you'll be the demon before the jury.

[Vern Humphrey]

Hi Richard, If he is running away from you he is no longer a threat. They did away with "fleeing felon" rights by law enforcement. That means the police could shoot a fleeing felon. The test now is was your life in danger? The state of crime scene detection is advanced. If you move a body or plant a weapon you will be caught, regards, Mike

"Running away" and "fleeing" are two different things. An armed attacker who is moving is definitely a threat no matter WHICH direction he's moving -- how do you know he isn't moving to a better position, or attempting to flank you.

Now if he throws away his weapon and runs, that's another thing.

[Deano41]

if a person breaks into your house and hurts a person can you use deadly force if they are running away and not facing you. correction DEFENSE

A homeowner in Anaheim Hills, Ca confronted a burglar in his garage. The burglar hit the home owner with a shovel. The homeowner went upstairs and retrieved his shotgun. He came back to his garage in time to see the burglar running down the sidewalk. He shot the burglar, and the burglar was apprehended as the police arrived on the scene.

Several months later, the District Attorney declined to charge the homeowner, even though it is illegal to shoot someone running away. The DA felt it was not possible to find a jury that would convict the home owner.

I would say that incident was an exception to the rule.

[Vern Humphrey]

Massad Ayoob testified in a case where a store owner chased a robber out of the store. The robber turned and fired, the store owner returned fire and killed the robber. The store owner was not charged, but was sued.

When Ayoob was being deposed, he was asked "Do you expect us to believe a little snub-nosed revolver was a danger to the store owner at that distance?" Ayoob replied, "I consider a snub nosed r evolver to be dangerous at a hundred yards. He saw the attorney make a note.

Later, he got some friends and they shot at silhouette targets at 100 yards, signed and dated the targets. During the trial the lawyer asked him, "Didn't you say you consider a snub-nosed revolver dangerous at 100 yards?"

Ayoob smiled and said, "I'm glad you asked me that."

[AZshooter]

Is it mere coincidence that Massad's last name, spelled backwards is: Booya!

Booya
A verbal expression of victory; usually derisive.
"In your face! Booya!"

... That, in response to the lawyer ...

[dobek]

I have taken Massad's class 3 times - and it is my understanding that you can shoot a fleeing felon under a few very distinct circumstances. You have to have witnessed the felony - you have to believe they would be a severe threat to the safety of others if they escape - and you have exhausted all other methods available to stop them and they would likely escape

Now having said that - I also learned during my ccw class "every bullet has an attorney attached to it"

Will you be arrested - probable - will you be prosecuted - depends upon the state / city and ambitions of the DA, my guess - probably -- will you spend 100,000 plus to defend yourself - oh yeah - will you go to jail - iffy - is the "good shoot" going to be worth it - nope

Now here is the BUT

If they are running down a hall where other family members may be in that direction - I would say you are defending your family from what you believe to be a continued attack and stand a good chance of no conviction

I am not a lawyer - I am not giving legal advice - Simply my opinion based upon training - you mileage may vary

Steve

[Deano41]

In a class I took years ago, the deputy DA that was teaching it stressed, "you had better be prepared to convince a jury, that you were in mortal fear of your life, or that of another."