Posted: 1/21/2013 9:13:48 AM EDT
| Does the castle doctrine let you shoot someone in the back if they break into you place then try to run away? |
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Quoted:
Does the castle doctrine let you shoot someone in the back if they break into you place then try to run away? The answer is - it depends. Is he running away to a different part of the house or is he running for the door? If he's running to a different part of the house, are there potential victims in his path? Are you in fear for their safety, that they are in danger of great physical injury or death? Please be aware of your target and what is behind it. |
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Quoted:
Ask an attorney in your state. Each state differs as to what they call the castle doctrine. There's the real answer. But since you're going to have people telling you to do this, or not do that, not to mention folks who don't know the law telling you what the law says... Prepare your anus. |
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Quoted:
Does the castle doctrine let you shoot someone in the back if they break into you place then try to run away? Each law is written differently but generally the idea of the castle doctrine is that the homeowner is presumed innocent when employing deadly force inside their homes. The key there is "presumed'. If Officer Friendly shows up and your story doesn't match the facts, the scene has been tampered or you idiotically blab out something incriminating you can, and likely will, be charged. For your somewhat bizarre scenario it will depend on the facts of the situation and how you articulate them to the police. If the thug in question was running away but turned as he ran to pop off some shots there is a reasonable threat and justification to shoot. If he was simply running away, the threat had ended and you shot the thug "because you could" you are going to jail. This is especially true if you articulate this to the police. |
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Quoted:
Quoted:
Ask an attorney in your state. Each state differs as to what they call the castle doctrine. There's the real answer. But since you're going to have people telling you to do this, or not do that, not to mention folks who don't know the law telling you what the law says... Prepare your anus. I got into a big debate with someone over this and thought I could get a quick answer. I'll go with the starfish defense |
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Likely in most areas now, if you shot someone in the back that was attempting to leave your house you would be found guilty of something. Especially if the shit bag lived and ended up disabled or something.
I can see though in a hallway if he is running towards your childs room and you blow a few of his parts out you would likely get off on a defense of trying to save your family. Personally, the way my house is set up I can't take a running away shot, once they are in I can see the whole downstairs from the loft, so if the dog lets me know someone is trying to get in, and they cross the threshold, instantly its a bad day for them. |