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Is it legal to shoot someone who breaks into your house? Even if they are unarmed?
I live in Indiana. USA. And I always had it in my mind, that if someone were to break into my home, I would shoot them on the spot, and it's legal. Because they are invading my home, so I figered its self defense. And the gun store I bought my pistol at, has pamphlets about protecting your home, so why would gun stores advertise that, if it's illgegal to shoot home invaders? Well, I was talking to my friend about it. And she seems to think I will go to prison if I do shoot someone dead. So I'm just wondering. If I shot a home invader on the spot, and it turns out they were unarmed, can I get into legal trouble? Or is it perfectly legal? I mean, let's be honest, I'm gonna shoot them anyway. I just wanna know if I will be punished for it.
8 Answers
- Old Man DirtLv 76 years ago
In most cases there must be a "fear for life"! While due force is also an issue, this becomes vague because there is perceived threat and actual threat.
If you shoot some one in your house there will be an investigation no matter where you live! It would be in the hands of the DA and/or grand jury to decide if charges would be pressed.
Protection of property is not considered just cause in most state- only protection of life! You only have legal right to use like force- not deadly force! If like force is deadly force then in most cases you would be acquitted.
- Anonymous5 years ago
Better ask a lawyer where you live rather than rely on advice from this site. It is too big of an issue to trust to the advice of strangers. In most states you do not have an absolute right to shoot someone to death except if your own life is in imminent danger (which can sometimes be a cloudy issue). Check with a lawyer.
- 6 years ago
Most states if they broke into your house it is assumed they mean you harm and shooting them is legal, but don't shoot if they get out of the house.
- SocratesLv 76 years ago
Some states are a little more liberal in what you can do to someone, but generally, you can only shoot someone in self-defense. You made a dumb move here with this post though, if the future shooting is anywhere near questionable.
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- MattLv 46 years ago
no, if you truly believe that you are in great danger and you are in fear for your life you have a right to defense. even in CA we have that right. lol. now if someone flees and you shoot them in the back in your front yard, well then you will have some problems. Indiana has both stand your ground, and the castle doctrine. so youre covered. If someone was breaking into my house, i would do the same. If im dead asleep, they could easily kill me whether they are armed or not.
- MardukLv 76 years ago
In CT you have to prove they ate your children and anally effed your dog before you can shoot them. Stupid law.
- marchhare57Lv 76 years ago
Just say "he broke into my home. It looked like he had a weapon. I was afraid for my life. I want an attorney."
You should be fine.
- Anonymous6 years ago
Not illegal - self defence is not illegal.