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

[MaximumLawman]

What if he is running awaaay with all of your Smiths in a box.

Yes, if you're in the right state, you can legally shoot any fleeing felon in the back. You might get sued though.

 

[Chuck1217]

Mas Ayoob is my favorite guru, and he frequently talks about this issue. He says that even if it's legal in your state, you never know when a prosecutor looking to make a name for himself will bring charges anyway. Then you have the expense of defending yourself, not to mention the chance that you get a liberal jury and end up in jail. Sure, its 'legal' but that doesn't mean there aren't consequences. He even talks a lot about that lateral line- where the side becomes the back, and apparently it's a well-used line in trials. My point? hellifiknow- but he suggests we be VERY familiar with the law, and PRACTICE MULLTIPLE SITUATIONS to try and be prepared for whatever happens. He seems to be big into 'pretend practice', and it really does make sense to me.

 

[jwk]

The answer isn't to get an answer here. Consult with a good criminal attorney in your location who is familiar with the whims of the local DA. Then you will have a good answer.

Truthfully, I read a few of the answers here that really had me shaking my head. I practice law in Texas and wouldn't begin to answer that question in California or New York or Arizona, etc. If a guy with a law degree isn't comfortable answering that question the majority of the posters here should not be either.

 

[southflorida-law]

....If a guy with a law degree isn't comfortable answering that question the majority of the posters here should not be either.

+1


A lot of the answers on here (and other forums) really has me shaking my head also when it comes to these types of questions.

 

[khiggins498]

To what Chuck1217 said, Massad Ayoob just had an article on this in the last issue of Combat Handguns. Very enlightening reading.

 

[charliek]

In Ky. with the "Castle Doctrine", you are allowed to shoot someone entering or who has entered your home. If he jumps out the window with your $10,000 Rolex, or whatever, you are not allowed to shoot to protect property, once the threat of violence to you is over.

 

[oldafsp]

Look your Honor, as he was running away he pointed his gun under his arm and aimed at me....

His back was the only target I had.

 

[wfparys]

NEVER
NEVER
NEVER

 

[elm_creek_smith]

Deleted by ECS..............

 

[billdeserthills]

Out here in Arizona we have the Castle Doctrine,
Unfortunately we also have the fleeing felon law too...

 

[Chuck1217]

Mas Ayoob also mentioned that a BG could be kinda sideways to you, and as he sees you aim a gun at him he quickly turns his back to you. So you could unintentionally shoot him behind that 'lateral line' I mentioned before. The trick is to have a good attorney who can make that clear to the jury- you did not aim at his back, but in the split-second I had to shoot he turned around. Now if it's 5-6 rounds in the center of the back- a good attorney may not help. These hypo situations are tough, but again I agree with Ayoob- we need to be aware, and try to practice every scenario we can imagine- knowing what we practice probably will NOT be what actually occurs. So, so many 'ifs'...

 

[Weldmen]

Ya a dead man cant talk. My Dad always told me if yer gonna shot a perp, make sure he's dead and in the house.

My Dad is Wisconsin, retired PD

 

[230therapy]

It depends upon the context. Some states allow you to use lethal force to protect property while some don't allow it.

If he's turning to exit the fight, then you're in the wrong.

If he's turning to attack someone else, then you're in the right.

The gray area is that small amount of time between the time you've decided to shoot (and he's facing you and attacking) and the time he turns away. Your shot may be already gone...the body can turn very, very quickly and this was demonstrated in at least one case reviewed by Ayoob.