Will I go to Jail if Shoot Intruder

[Whitwabit]

In our Conceal Carry Law if its a good shooting the Perps family can't sue you !!

In Illinois
“In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of “aggressor” set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.”
In other words, homeowners that are justified in using force to prevent a trespasser from entering a dwelling are also protected from any liability from the act. Neither the trespasser, nor his/her family may make any claim against the homeowner.

 

[Wise_A]

Couple things.

First, thanks for resurrecting a real dumpster fire of a thread. Which, yeah, I'm contributing to.

Second, it's the Justifiable Use of Force section of the Illinois Criminal Code. It's got nothing to do with concealed carry at all.

Three, anybody can sue anyone for anything. All you need is a lawyer who'll try with you (ha! puns!).

Four--where are you getting "trespasser" from? The Illinois statutes specify entry with the intent to commit a felony, and "violent" forcible entry. That's not trespassing, and there's a really big difference. This is an area where being precise in your language is life-or-death important.

Five, the Illinois statute states, "against the person or estate of the person using such justified force". You can't sue the shooter. But you could probably sue the homeowner if they're not the shooter.

Six, "unless the use of force involves willful or wanton misconduct." You can pretty much bet that, absent an acquittal, you're wide open with this one.

Now, this isn't to suggest that the Illinois law is bad, as laws go.

What I'm suggesting is that relying on laws to protect you is utterly foolish. The truth is you have no protection.

Laws are frequently poorly-written and ambiguously-worded. They are administered and applied by people who are at best fallible human beings, and at worst your sworn enemies. All of us here carry a gun because, while we may have great respect for the police and believe they are doing their utmost to protect us, we do not rely on them for safety.

So why would you place any more faith in laws, DAs, and judges?

 

[jim lock]

I'm figuring no matter how or where -- shooting someone, there will be some ambulance chasing lawyer who will sue you no matter if its your fault, their fault or nobody's fault. Probably ruin your life. Most recently the incident in the parking lot where the guy "stood his ground". I would bet he wished he never got out of his car.

 

[nachogrande]

DON'T ASSUME.

Don't assume that SYG will CYA. (my free advice)

 

[gwpercle]

Hello,

In the gun store today when looking at guns, the salesperson ask me do I have USLawSheild which protects me with lawyer and court fees, if I shoot some one during a home invasion protecting myself and family.

He said, I will go to jail if I shoot and kill someone during a home robbery or invasion and the person family can sue me. And I need to be ready for court and lawyer fees, so I better get some kind of self defense lawyer protection monthly fee.

Is this true? Sounds weird to me. I shoot someone breaking in my home, and I go to jail.

Thanks

This is America, land of the free !
You are free to sue anybody for any reason, real or imagined .
Lawyers love lawsuits because they always get paid !
Gary

 

[AimHigher]

As others have said, some states have the castle doctrine and some of those states have written into law, that the homeowner cannot be sued by anyone for wrongful death, stemming from lawfully shooting someone in the defense of his home and family. I would be nervous living in a state that does not have specific protections for people who are forced to defend themselves in their homes. (Montana is one state that has such laws.)

As for the gun shop you were in and they were telling you that 'you will go to prison' etc. I have a strong suspicion that they are making a commission or referral fee on every new insurance subscription they sell. You probably would never go to prison or even be arrested, if the shooting that you were involved was justified.

 

[Engieman]

I certainly don’t know the correct legal answer, but I do know if you or your family are in harms way and your last resort is to shoot.....you can rest soundly and have a smile knowing you’ve done the right thing to protect your home, property and loved ones.

 

[jwk]

I'm an attorney practicing in Texas. Part of my practice is criminal defense.

Each state has different laws. Within each state you have differences in what a prosecuting attorney does w shooting cases based upon his interpretation of his state's law. The local politics existing in your area plays a part too even though it shouldn't.

This isn't what you guys want to hear. In a perfect world the law would be clear cut. I'm not going to debate your opinions of the law unless you're a practicing attorney and buying the first scotch. That isn't arrogance it is experience from having discussed legal issues on gun boards before. I will give some very basic common sense advice.

Get advice from a local criminal defense attorney. He will understand all the issues where you live. For instance off hand I have no idea of what another state's law on an issue really is when you get down to details. I have no idea what your local prosecutor thinks. I have no idea of your local politics. Those things make a difference.

Getting legal advice on deadly force issues off the internet, at the gun shop counter or from your brother in law who used to get drunk w a cop buddy is like getting medical advice from the guy who cuts your hair. I don't see that as a wise course of action. Your local licence course teacher might and only might have a basic understanding of the law. My 1st CHL instructor was actually a Judge who was also a serious gun guy. He taught classes to attorneys only back then. Your instructor no idea what he really knows.

As for insurance products they aren't expensive. The odds of you needing the insurance are in your favor BUT can you afford a GOOD attorney if you need one? You can easily spend $100K or more defending a murder case. To steal a slogan "WHAT'S IN YOUR WALLET?" If the answer is not that much an insurance card might be a good idea plus the card from the local attorney that you went to for advice.

Finally get your legal advice on any legal issue from a qualified attorney who you can call w questions or if bad things happen and you need him.

 

[Old Arkansawyer]

Will you go to jail for shooting someone who has broken into your home, especially at night? Not if I am on the jury.

 

[fredj338]

Too many believe that Castle Doctrine or SYG is cart blanche to start pulling a trigger. There still must be threat of death or extreme bodily injury. A drunk kicking your door in, unarmed, is really breaking & entering. So you still need to prove fear of death or extreme bodily injury. Even then, that only gets you free of criminal charges. What the survivor or their family get in a civil suit is an unknown, but expect it.

 

[SRT]

Not an entirely accurate coverage, especially the "they have a murder to solve" Murder is a criminal act. The homeowner who lawfully defends himself has not committed a murder. They have a homicide to investigate (the death of a person at the hands of another person) which may be justified or unjustified.

And yes, more information should be given during the initial call such as " a man broke into my home and threatened/attacked me and/or my family" Try being a cop rolling on a shooting where the shooter and or offender is unidentified and all you have is "someones been shot" . You want them to have information that helps sort out the wheat from the chaff. I'm not talking about a complete blow by blow description but a means to identify yourself as the victim/good guy.

You beat me to the punch! Great post, Goldstar 225.

 

[Doug M.]

While anyone can in fact file a lawsuit, those laws do keep most attorneys from filing a wrongful death (type) suit. I have seen a couple of incidents involving controversial shootings in this state that resulted in no charges being filed or the shooter being acquitted. While the offender's family threatened to sue, the reality was they were never going find an attorney to file.

The odds of the case being dismissed on summary judgment are pretty high, and while most judges will not pull up their Huggies and impose financial terms for the frivolous filing, it is not a zero risk. There is also a non-zero risk of a Bar complaint if there is such a dismissal. While I have absolutely no faith in our Bar counsel (to be polite about it), Bar complaints are a pain in the butt even when dismissed right away.

If I were involved in defending the shooter, I would sure as heck seek terms and do the Bar complaint. We have a local "attorney" who is a royal pain the backside, and who files some of the worst drivel I have ever seen. I have had to respond to two of those, and the only thing that saved him in the first was we did not have time to do the request for terms due to the time constraints. (He did lose his job - his boss got a royal gnawing from me when I served our response, and asked my colleague after the argument for her feedback, which was harsh.)As to the second, I was able to cite authority that shows he was dishonest, and have sought terms. We shall see how that goes.

 

[fredj338]

In some state, i.e. Arizona, if your shooting is found to be justified, you cannot be sued by the perp or his family. Just FYI.

Sent from my XT1254 using Tapatalk

FYI, anyone can be sued. Whether it is allowed to go forward is the question. It is still likely going to cost you time & money to have it turned down by a judge.

 

[jwk]

Being sued is nothing compared to being put into the criminal meat grinder.

Next unless you have a lot of money you probably won't get sued for a shooting. Even if it is a bad shooting on your part do you think a lawyer is going to take a contingency fee case when he can't collect a verdict? In Texas I can't touch your homestead your retirement plan or garnish your wages. A lot of your personal property is exempt. If I can't find non-homestead real estate you own or a bank account in your name unless you have a going business or a big brokerage account I can't collect a dollar from you. Your homeowners or general liability insurance doesn't cover either because the type shootings we're discussing are intentional acts which aren't covered. Other state's laws may differ but that is why you consult an attorney where you live not the internet, the coffee shop crew or the guy at the gun counter.

Stories about frivolous lawsuits are usually made up or exaggerated. The people telling those stories often have an ax to grind or an agenda or sometimes an opinion without a basis for that opinion. In 30 plus years of practicing law I've never seen a defendant say yeah I deserved to get sued! A lot of the urban legend frivolous lawsuits are made up. No one can tell you where they happened or provide you with the style and cause number. If you look at the McDonald's hot coffee lawsuit and see what really happened most people are appalled that the lady who got badly burned got so little. There is a reason why McDonald's got a confidentiality agreement in exchange for settling the jury verdict. BTW she was burned badly enough to require multiple skin graft operations on her private parts. Her medical bills were around 200k if I remember correctly. FYI I also handle personal injury litigation. While I have lost a few cases no defense lawyer or court has ever contended any of my cases were frivolous nor have I ever lost a personal injury case in a summary judgment (No case as a matter of law) or a court ordered directed verdict (not enough evidence to let the jury decide the case). I've handled car wrecks, airplane crashes, products injuries, slip and fall cases, dog bites, medical negligence ECT. I've got a good basis for my opinions. I've also handled defending against those type cases.

The real issue for getting one of the insurance plans in a lot of states is covering the cost of a good criminal defense attorney. For most people that may be a good idea. Finally I don't sell that type insurance and don't recommend a particular company. I do recommend looking into getting one particularly if you don't live in a gun friendly state.

I know that wandered from will I get arrested if I shoot an intruder but the topic always wanders into getting sued when you talk about shootings. I am interested if anyone actually knows of an INTENTIONAL NOT ACCIDENTAL shooting lawsuit that they can identify other than a police shooting where a governmental unit is potentially on the hook. I actually dont know of any.

 

[joeintexas]

Putting your actual location would get you more factual responses as the laws are so different in different locations. Helpful in other area's also. Just a suggestion, some folks don't feel comfortable giving out that info, each to their own. I can't say what you should do, personally the last thing I would want to do is shoot someone, however, if someone breaks into my home through locked doors I'm not going to spend time asking him if he or she wanted to borrow a cup of sugar. That door was locked for a reason, if you don't have a key or weren't invited in you are here for no good reason.

 

[usmc2427765]

In Texas, we have the "Castle Doctrine" which gives you the right to protect yourself and family in your home, vehicle or place of employment. No warnings necessary.

 

[RGVshooter]

I also live in Texas..

There are too many different scenarios or combination of events that would justify shooting a intruder inside your home. More than we can list here. Just because there is a unknown person inside your home is not a automatic license to shoot. There has to be a very good reason why you feared for your life that caused you to use deadly force. And this is where people get into trouble...

 

[Ziggy2525]

...
A drunk kicking your door in, unarmed, is really breaking & entering. So you still need to prove fear of death or extreme bodily injury.
...

First, my disclaimer - IANAA. I think it must depend on where you live. My state is middle of the road self defense law wise. Here, if someone kicks in your door when you’re inside, it’s considered a home invasion.

From the cases I’ve seen here where that’s happened, the homeowner wasn’t required to ask the home invader how much they had to drink or if they were armed before using deadly force. It was considered self defense.

 

[fatcat3]

yes your going to jail. at least for a time, if nothing more just tell your side. SHUT UP! you can sue anyone for anything it's just the cost of a filing fee. not saying that insurance is a bad idea, But with car, house, fire, flood, health, dental, vision, income, motorcycle passenger,pet insurance, not to mention extended warranty on every little thing you buy, I need another job just to buy food and pay taxes.

 

[jwk]

I reccomend "i would like to have my attorney present before i give a statement" i have seen too many clients who couldnt shut up. You have too much to risk when a shooting is involved. Also I doubt you're at your best after having just shot and possibly killed someone.