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should you be able to use force on a burgler.?

if someone was robbing your, could you be able to use selfdefence by attacking them and not get in trouble for it?

11 Answers

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  • CGIV76
    Lv 7
    1 decade ago
    Favorite Answer

    Yes, you can defend yourself against a burglar.

    Just make sure that you are able to say why you used that particular degree of force. i.e. "I was in fear for my life." or "I thought he had a weapon," etc.

    And even though you may not be prosecuted criminally, just be aware that the family of the burglar may try to sue you for wrongful death, if he dies.

    Source(s): Me, retired Police Officer
  • 1 decade ago

    You have a right to self defense at any time any place against an aggressor. Like some others have noted the degree should only be enough to stop the threat. In your own home you may have more rights and many states have "Castle Doctrines" which give you even more rights as to not retreating. As one justice put it you can't retreat out of your home. Also you do not have to fire a warning shot that is for the movies, it is for dramatic effect.

    I am a bit more surprised by some answers warning of being sued. That should be the last thing on your mind if your life is in danger, also remember you can be sued for almost anything. A burglar, or his still surviving relatives would have a hard time winning a pile of crap if you shot the turd while in your home. I would like to see any link where a person rightfully defending there home lost a suit to a piece of crap or their surviving family.

  • Anonymous
    1 decade ago

    As my opnion..yes we should be granted to right to use whatever force necessary in the event of a home invasion. However, laws differ in some states. Many states have adopted a "castle doctrine", each one is different, but the general concept is that you may use whatever force you feel is necessary if someone enters your home uninvited and you feel that your life is threatened; ie if a robber breaks into your home, you would be able to kill that person with protection from the law. Again, this differs by state, be familiar with your local laws.

  • R W
    Lv 6
    1 decade ago

    Yes..in N.Y.state its called Lawfull use of Force. However you can only use force as written by law. Ex: someone is breaking into your home, you 1st step would be to yell STOP..if still breaking into home ...call 911 (if possable) ect. You can't simply pull out a shotgun and blast them. This does not mean that if they break in holding a gun, knife ect you couldn't use a weapon. As to what would I do ? I am a gun ower.Rifles,shotguns and regested pistols.I am a tax paying home owner and a voter. I will leave the rest up to you.

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  • 1 decade ago

    "Kill'em" if you can or they will attack someone else. If they go to jail they will quickly be released to rob and/or kill.

    I can assure you if a criminal attacks in any way myself or my family and there is a way for me to get close, I assure you, I will "kill" in any manner I can. You cannot get arrested or in trouble if the victim is "staged" (setup) properly.

    I live in upscale North Atlanta area. I own legally registered pistols and have trained my family, children as well, proper usage and to respect weapons. They are all trained in there use and safety. I maintain locks on the triggers as well. A burglar enters my home there will be NOTHING said, period.

    My neighbors wife is horrified of guns and has created the same in her kids. Why? She knows nothing about them and is not willing to learn. I told her this fact, you will die in a car crash before killed by a gun and she just does not get it. We are close friends but recently we were at a church outing and the gun issue came up as it does at times. With both of them standing there and others around I told her husband if a burglar enters your home push her to defend with NOTHING and you take off running with the kids. I further stated the criminal will more than likely have a gun. PEOPLE JUST DON'T THINK BEFORE FORMING OPINIONS! By the way, our preacher, we have 8,000 members in our church, owns many guns/pistols.

    Good Luck in life, stay positive.

  • Anonymous
    1 decade ago

    In a certain point yes, but not to the point of killing the burglar. Self-defense theory is that your life is threaten and the suspect might kill you, mostly burglar do not kill their victim, esp. women or if they are men, these burglar are only scaring the wits out of them by using phony guns or knives. Unless the suspect is going to kill you then you have to double think whether to subdue him or kill him, attacking them would be right but only to free yourself but attacking to injuried the suspect or eventually kill him that is not self-defense.

  • 1 decade ago

    If you harm a burgler in any way they can sue you and they have won too, so just keep that in mind. and if u do use force i would make sure its one fatal shot then a second warning shot into the roof (cops cant tell which came first)

  • Eric D
    Lv 4
    1 decade ago

    of course. someone is asking for it if they have the audacity to break in to a persons house and rob them. lucky my state has the castle doctrine. laws vary from state to state.

  • 1 decade ago

    I think you are allowed to use as much force as is necessary to protect your right to your property, yet you cannot use force beyond what is presented to you to try to take it away from you!

    EX. You canot beat the perpetrator up for punishment!

  • 1 decade ago

    Yes, but you can only go so far defending you're self or you'll be the one going to Jail.

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