Posted: 4/15/2007 5:16:17 PM EDT
[#7]
Quoted:
Quoted: I guess it's all well and good until the phrase " prior to using reasonably necessary force to repel a trespasser from the building or other structure " is used by the prosecuting attorney to fry your ass..... There is no such thing as "non-ambigous" in legal writings, if that were the case there wouldn't be so many attorneys.
Go ahead and waste the bad guy for kicking down your door and threatening your goldfish. After your exhonerated for killing said scumbag with a mile long rapsheet, the the civil suit brought on by the greiving (greedy) crackhead family and their attorney will likley financially ruin you.
Ohio does not have castle doctrine and that being said, your screwed.... So, about all you can do is practice yelling " oh no!! please stop Mr.Badguy!" while stumbling backwards in your jammies out through the door of your dark house at 4am.
Mike |
(B)(1) The owner, lessee, or renter of real property or a member of the owner’s, lessee’s, or renter’s family who resides on the property is not liable in damages to a trespasser on the property, to a member of the family of the trespasser, or to any other person in a tort action for injury, death, or loss to person or property of the trespasser that allegedly is caused by the owner, lessee, renter, or family member if, at the time the injury, death, or loss to person or property allegedly is caused, all of the following apply:
(a) The owner, lessee, renter, or family member is inside a building or other structure on the property that is maintained as a permanent or temporary dwelling;
(b) The trespasser has made, is making, or is attempting to make an unlawful entry into the building or other structure described in division (B)(1)(a) of this section;
(c) The owner, lessee, renter, or family member uses reasonably necessary force to repel the trespasser from the building or other structure described in division (B)(1)(a) of this section or to prevent the trespasser from making the unlawful entry into that building or other structure.
(2) For purposes of the immunity created by division (B)(1) of this section, reasonably necessary force to repel a trespasser from a building or other structure that is maintained as a permanent or temporary dwelling or to prevent a trespasser from making an unlawful entry into a building or other structure of that nature may include the taking of or attempting to take the trespasser’s life, or causing or attempting to cause physical harm or serious physical harm to the person of the trespasser, if the owner, lessee, or renter of real property or a member of the owner’s, lessee’s, or renter’s family who resides on the property has a reasonable good faith belief that the owner, lessee, or renter or a member of the owner’s, lessee’s, or renter’s family is in imminent danger of death or serious physical harm to person and that the only means to escape from the imminent danger is to use deadly force or other force that likely will cause physical harm or serious physical harm to the person of the trespasser, even if the owner, lessee, renter, or family member is mistaken as to the existence or imminence of the danger of death or serious physical harm to person.
(3) In order to qualify for the immunity created by division (B)(1) of this section, an owner, lessee, or renter of real property or a member of the owner’s, lessee’s, or renter’s family who resides on the property is not required to retreat from a building or other structure that is maintained as a permanent or temporary dwelling prior to using reasonably necessary force to repel a trespasser from the building or other structure or to prevent a trespasser from making an unlawful entry into the building or other structure.
It's pretty obvious that you did not even read the section of the ORC in question, or if you did, you failed to understand any of it.
|
Oh pleeeze, if you want to shoot someone by all means have at it... The point I'm trying to make is that YOU have to meet ALL of the qualifying conditions of the statute to be effectivly immune from prosecution. That is not as easy as you think because the State doesn't take lightly to it's citizens killing people, FOR ANY REASON. YOU have to be able to PROVE the conditions and that PROOF is subject to the interpretation of the authorities. Just ask an attorney. You may win a wrongful death civil suit but the legal bills could bury you financially. Also, there is some supporting statutes on Criminal Liability that gets pretty mucked up in the ORC hence, the need for an attorney. Mike
|