Is it Self Defense to shoot an Intruder and/or burglar in the back?

If someone breaks into my house I'm shooting them anywhere I can as fast as I can. If they're retreating they better be faster than I am. Clearly I have no way of knowing any of their intentions other than they want to rob and/or kill me or my wife. There are no misunderstanding when someone breaks into your house.
 
Only if your local District Attorney has ever been robbed. If not, I would say no.
 
What if...

Somehow, these hypotheticals regarding some gray area situation in a "possible" deadly force situation leave me feeling like I am being used, unknowingly, in some graduate student's psychology project. We have been given an inate ability to ascertain a real threat, and if we are sensitive to, or have had the dubious "opportunitys" to develope these inate abilities to an advanced level, then we can sence a "real threat" without actually "seeing" or "analyizing" anything. "Posturing" is a term applied to the act of verbally, or by other means, attempting to negotiate an end to an imminent threat. People who continue this effort with an assailant that is intent on harming them are called "victims," and become "statistics." Rehashing the mental hair splitting of some hypothetical considderation would be something I would term as "intelectual posturing," which ends up as trying to use the brain to solve a gut problem, in my view. Flapjack.
 
It's very simple...if you can articulate that you in fear for your life, you have a good chance of getting off. A stranger in your home in the middle of the night is a freaky, scary thing no matter which way he is facing.
 
Just had this happen in the 'hood where I patrol! Obviously I can't go into any details, as the episode is only a week old. The shooter has not (yet) been charged. Interestingly, the story has gotten no real coverage in the local press.

As an Assistant District Attorney told us while teaching a class at the police academy, "Remember one thing. There is no justice; it's all a game." Always keep that in mind.

Dave Sinko
 
I my home, you enter in the middle of the night, uninvited, your soul belongs to God because you a** is mine. If I get my hand on my gun, your going out in a bag. PERIOD!!!!! This is my home and I have every right to defend my family and my property. I do not have to retreat, Castle Doctrine applies.
 
Aubie said:
I my home, you enter in the middle of the night, uninvited, your soul belongs to God because you a** is mine. If I get my hand on my gun, your going out in a bag. PERIOD!!!!! This is my home and I have every right to defend my family and my property. I do not have to retreat, Castle Doctrine applies.
Click to expand...


You are correct, sir. Check out the Home Defense threat on the M&p 15-22 forum the moderator closed.
 
Aubie said:
I my home, you enter in the middle of the night, uninvited, your soul belongs to God because you a** is mine. If I get my hand on my gun, your going out in a bag. PERIOD!!!!! This is my home and I have every right to defend my family and my property. I do not have to retreat, Castle Doctrine applies.
Click to expand...

Whether the castle doctrine applies depends on the State you are in. Some castle doctrine states are more friendly to you than others. I will shoot till the intruder is no longer a threat.
As for whether he gets shot in the back or front, does not matter in Texas if he is inside your home. You also have the right in Texas to use deadly force at night to prevent a property crime. But in any case, one can count on lots of legal expense even if you are totally in the clear. One thing too, is that an intruder could turn to run, and by the time you recognize that you may fire several times, hitting him in the back. Tests have been run on this, and in a gunfight, you simply cannot react that fast to a change in situation, such as him turning to run. On the other hand if you fill him full of shots all from behind, and he is outside, the DA might argue that you chased him outside and that he was no longer a threat. Fortunately for me, I have only one family member to worry about, and no kids, nor anyone else in the house to worry about being in the line of fire.
If I get him with a 44 Spl hollowpoint I figure it will do more damage than my 38 Spl. Just hope I never have a home invasion, although there have been some around where I live.:(
 
I was a certified peace officer in Georgia. At that time there were 3 instances where a LEO could use deadly force. To prevent death or grave bodily injury, to prevent a sexual assault, to stop a fleeing felon. That was a LEO for the average joe only the first two applied. I think those two are pretty much the law everywhere in the country, BUT the District Attorney can and has essentially removed folks rights to protect themselves. I am thinking primarily of New Jersey, and New York two places I have also lived. I would have protected myself if I had ever had to (fortunately I didn't) but I thought it most likely I would have gone to jail if I had in NY or NJ. Alot depends on the District Attorney and his point of view. Never lose sight of the fact that laws are interpeted by human beings and those human beings are variable. Do what a reasonable and prudent person would do and realize that even then the outcome may not be favorable. Even in NC where I live now the local district attorney told me that out of 100 cases where folks claimed self defense all but 4 went to trial. He said in those 4 cases the evidence was so overwhelming that no one would argue with it.
 
Quote:
Originally Posted by GatorFarmer View Post
In some states, such as Michigan, fleeing felons are essentially fair game.
Huh? Rather than providing hypothetical scenarios, could you please provide specific cases/precedence or MI law(s) where "fleeing felons are essentially fair game".
Click to expand...

Gator is correct. Michigan follows the common-law fleeing felon rule. It is not a crime in MI to shoot a non-violent fleeing felon. Read People v. Couch.
 
Perceived threats are more convincing when the bad guys have a gun in their hand. Especially before the police get there.
Looks like the price of throw downs are going up.
 
There is a case pending in Columbus where a resident heard someone breaking into a car. He went outside, found the BG in his neighbor's car. He ordered the guy to stay inside the car. BG exits anyway. He orders BG to get on the ground. BG approaches him in a threatening manner. He shoots and kills BG at the scene.
It is being investigated as a homicide, as is routine in these matters. Doesn't look good for resident as the prosecutor says that
(1) The person using deadly force must not have started the confrontation
(2) Must have tried to retreat, unless in their own home or car and
(3) Must use no more force than necessary to protect himself.
 
blujax01 said:
There is a case pending in Columbus where a resident heard someone breaking into a car. He went outside, found the BG in his neighbor's car. He ordered the guy to stay inside the car. BG exits anyway. He orders BG to get on the ground. BG approaches him in a threatening manner. He shoots and kills BG at the scene.
It is being investigated as a homicide, as is routine in these matters. Doesn't look good for resident as the prosecutor says that
(1) The person using deadly force must not have started the confrontation
(2) Must have tried to retreat, unless in their own home or car and
(3) Must use no more force than necessary to protect himself.
Click to expand...

1. I think the BG started it when he began breaking into the car.
2. Perhaps the good guy did retreat by taking steps backward. That would be entirely common.
3. How much force does it take to fend off a BG? Especially when there is a gun in the fight now? Do you think it is wise to begin exchanging blows with a BG when he knows you have a gun? He may land a lucky blow that knocks you down and maybe he could grab your gun and then what? He's already a felon not afraid of breaking the law, and has advanced on you when you had a gun displayed, which in my mind proves he's extremely dangerous. So who in the world would expect the good guy to be required to begin losing a fight for his life before he can protect himself??? :confused:
 
Is it Self Defense to shoot an Intruder and/or burglar in the back.
In Oregon if you do you better have a shovel handy.
 
Personally I can not justify shooting someone in the back as they are running away with my big screen TV.

That said, if before or during their flight, if I perceive imminent serious danger to my family, me, or my neighbors then the situation changes and I will use deadly force to stop the threat.
 
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