home defence

[S.A. Boggs]

IMHO District Attorneys that I have met have a mindset of their own, everyone is guilty of something and I intend to prove it. Unfortunately DA's will hide evidence, that has been proven time and time again. Personally I feel there should be a time limit on how long they are in office to try and keep them honest.
Sam

[Vern Humphrey]

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."

Absolutely. It helps if you wet your pants and pretend not to notice it until the police call your attention to it.

[Art]

The OP is scant on details, such as whether the person is in or out of the residence which can be a huge factor in justifiable homicide cases. State laws also vary...a lot, but, generally, lf you can not demonstrate the threat of death or serious bodily injury is present to you or someone else at the instant you pull the trigger be prepared to be charged with aggravated assault, manslaughter attempted murder or murder if you shoot anybody. This is especially true if the person is running away. Again, without knowing the details its hard to tell but I don't know of a state where retribution is grounds for the use of deadly force.

[Vern Humphrey]

On the other hand, Texas permits the use of deadly force to protect property after dark.

[Sunray]

"...not charged, but was sued..." Costs time and money even if you win. The entire question depends on where you are anyway.
"...a little snub-nosed revolver was a danger to the store owner..." Nope, but the criminal shooting it certainly is.
"...Massad's last name..." Ayoob was his last name long before Hollywood invented "Booya!".

[Art]

On the other hand, Texas permits the use of deadly force to protect property after dark.

This is true. It is also true in some circumstances in the daytime. It is interesting that in Texas it's easier to justify deadly force to protect property, even in cases of misdemeanor theft, than to justify it in defense of yourself or another from death or serious bodily injury. It must be noted that this only applies in theft cases so you would have to show an actual theft was in progress to assert the defense.

[SysAd]

In Idaho, they are pretty much toast when they break in.

[Vern Humphrey]

In Arkansas, the law says it is state policy to regard ANY force used by a homeowner to stop an unwanted intruder or arsonist to be reasonable. And if any charges arise is such a case, the judge is required to read the law to the jury.

[jon_norstog]

The OP is scant on details, such as whether the person is in or out of the residence which can be a huge factor in justifiable homicide cases. State laws also vary...a lot, but, generally, lf you can not demonstrate the threat of death or serious bodily injury is present to you or someone else at the instant you pull the trigger be prepared to be charged with aggravated assault, manslaughter attempted murder or murder if you shoot anybody. This is especially true if the person is running away. Again, without knowing the details its hard to tell but I don't know of a state where retribution is grounds for the use of deadly force.

\My own thought is that if you dispatch the intruder with an edged weapon - that requires you to be up front and personal - you may have better luck claiming "it was me or him."


jn