Will I go to Jail if Shoot Intruder

Neither stand your ground nor the Castle Doctrine are legal grounds for defending property using deadly force.

I talked to CCW Safe about using a gun to stop a person from stealing my truck at night. He said you can't use deadly force to protect property. This scenario could open a can of worms and going to jail for any number of years isn't worth it to keep my truck from being stolen.

Call the cops and let the thief know the cops are on their way. If you approach with a gun then you might then be considered the aggressor and the thief was then afraid for his life. The old belief that anyone trespassing at night, even in your home, is grounds for using deadly force is not so cut and dried as some might be led to think. 12 people might think differently than you do.
 
$50 grand is the minimum you're going to pay after it's all said and done with in a justified shooting. The perps family will come after you in a civil suit is what I've been told by professionals and police.
 
Thanks ContinentalOp,

Who else provides insurance coverage for self defense?

You should do a search if you haven't already as this has been discussed a number of times. But off the top of my head I can think of US LawShield, CCW Safe, and USCCA.

Also, no one can tell you what the best plan/organization for your family is. Search the forum, read the discussions, look at what each plan has to offer (and what they don't offer), and figure out what would work best for your situation. Some people have joined multiple plans that complement each other.
 
I HOPE THIS IS NOT YOU, BUT...

Kinda sounds like & apologies if wrong. Another person that wants to be the first on the block to play cop/super sheepdog & shoot someone. In the unlikely event a kill or be killed event comes to you, it is good to be prepared ( I am) & think you will know what needs to be done AT THAT TIME. To desire/look forward to it, not so much. Be careful what you wish for. Peace out. ;)
 
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In PA, a 72 year old man was charged with killing an intruder. The intruder was a 52 year old, unarmed man, who kicked in the victim’s trailer door, when he was promptly shot to death. Now, they didn’t charge the shooter because the deceased was unarmed. The 72 year old shooter was denied the Castle Doctrine defense, because he had marijuana in his trailer. Based on illegal activity taking place inside the trailer, the DA denied the defense.

Moral of the story - make sure your teen doesn’t have a bag of weed under their bed! Once you fire a shot, the police could search the entire house, gun safes, etc. Have an illegal fireworks laying around? Are all your mattress tags in place? Heck, can an improper tax return (cheating on your taxes), be considered “illegal activity”???
 
Here's hopping none of us HAVE to go down this road. Your seeking legal advice and I don't know how many Lawyers have responded to you. Be careful where you get information and a clerk in a gun shop is not someone I would put much if any faith in. This is at best a difficult situation and each sceneiro has its complicated facts that need to be known. Be careful, do research and try not to let the bad guy in the house in the first place. Good luck.... Kyle
 
Since no one has yet suggested this here, if you have not already done so I would strongly recommend taking a concealed carry permit course for your locale and from a reputable instructor. They will go over pertinent state and local laws regarding self-defense and it would be prudent to heed all their advice. The two Ayoob books mentioned above are also excellent. Stay safe out there!
 
This helps, but of course you still have to front legal fees AND get the civil suit dropped:

“Under Section 7, the legislature added civil immunity, when the individual lawfully uses deadly force, as provided for in this legislation. Moreover, if you are sued and prevail by showing that you are entitled to civil immunity, the legislator has required that the court award reasonable attorney fees, reasonable expenses, and costs. This includes reimbursement of expert fees, and compensation for loss of income. While the courts ultimately have the final say in what is “reasonable,” at least the legislature has provided that they must award these fees, instead of “may” award these fees.”
 
In FL, neither a criminal nor civil case is likely for a home invasion.

Now if you happen to be a drug dealer with felony convictions and you shoot some thugs trying to rip you off, all bets are off.

I love how the internet gurus take a few cases of DA abuse and make it gospel for all legitimate cases of SD. Sometimes bad things happen to good people, but when the other option to not defending one's self is death, I'll take my chances with the DA.
 
All I can say is your local gun shop is a good place for advice on GUNS. You want legal advice, research your state, local laws. And sign up for a CCW class

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No one is, at least I’m not, trying to scare anyone away from defending themselves. The fact is, DAs change in/out, as does the GOP in any given city. Some regions of the US are consistent, others not so much.

Years ago, a pro gun magazine used to run a section for “unbelievable” results:

In Bethlehem, PA a crook broke into a bar overnight. The bar was closed and he broke in through the bathroom window, falling and breaking his leg. He sued the bar owner for failing to keep him out and creating a hazard. He was paid.

Another crook in Allentown, PA broke in to a house, while the owners were on vacation. He broke into the garage, but was unable to gain access to the house. Unfortunately for him, the garage door had no release, so he was trapped for the week. He lived off of warm soda and chips. He, too, sued he owners for unlawful inprisonment, etc.

These sound crazy, but trust me, in many areas of this country life is ***backwards. What was that quote in SWAT: “Sometimes doing the right thing, isn’t doing the right thing.” Whatever the heck that means...
 
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The short answer is yes you very well could depending on the area of the country you live in, and the circumstances of the shooting. It's all up to the DA in the county you live in.



There is no one answer...know the laws of your state concerning deadly force better than the DA's office and always protect yourself.
 
There are a substantial number of gun store employees who go off folklore and BS. They are no more qualified on legal and tactical issues than I am on judging a dance competition.

As part of your responsibilities that come with owning a firearm with the potential for serious use, you need to know some things about the use of it.

1) KNOW THE LAW in your jurisdiction. Most use of force laws are similar, but you MUST know what your state's laws provide. Most if not all states have their statutes on line and you can find them with any search engine. If you are really lucky, you can find annotated versions (they have case law with the statutes, showing how they have been interpreted). If you have a law school nearby, you an check the books themselves and read the annotations. Without doing such research, you simply cannot even ask informed questions, let alone know the answers.

2) Go read this string here: CHL holder trying to break up a fight loses pistol, is killed by police. There is at least one book (the one by Patrick and Hall) that I recommend, which although directed at LE, has very good information about self-defense generally, ballistics, threat recognition, and the like. You MUST know these things before you make a decision about using force, so you can articulate from a position of knowledge why you did what you did. What you learn AFTER the shooting is not relevant. You should also search for and read the cases I cite. I do this stuff for real as a prosecutor, author, and teacher.

3) There are a few strings on home defense in which I have laid out some pretty decent advice on layers of deterrence. The more difficult it is to enter your home unlawfully, the less likely someone will try. That also contributes to the reasonableness of your belief that force is needed. At my house, I have floodlights over the side facing the street, "no trepassing" signs, so it is not even lawful to enter the property, a 6 foot padlocked chain link fence, and my doors are never unlocked except to go through them (and if yours are ever unlocked for longer than that, slap yourself and fix your complacent mindset). We also have medium sized protective dogs (a rott and a rott X, both in the 80-90 pound range). If someone tries to get in despite the response of the dogs and after going through the other layers, they are really a bad actor, and once the door frame breaks, there is no other conclusion to draw.

4) Know your local culture with regard to private citizen and LE use of force. Where I live, the culture will give a collective shrug and it will be over. I expect that to change in this state, sadly, and plan to move upon retirement. If you live someplace dumb, err, less supportive (CA, NJ, MD, MA, other occupied territories), the response might be different.

5) Special note: I don't have kids, and we almost never have anyone in the house. I can do some things that others can't. If you have kids, the proper means of storing a firearm is ON YOUR PERSON. Loaded, ready to use, in a qualify holster, with a quality belt, on you. Not in a closet, on a shelf, in a safe, or some other brain dead paradigm.
 
I find a lot of the comments a bit toward fairy tales of how life should be.

In my town, regardless of how a firearm is used, or how right you are in using it, you will spend a least a few hours detained while things are sorted out. So the literal question of "will I go to jail" for me means YES. For how long all depends on the circumstances.

And a recent local case had a sandbox vet who legally carried and used a CCW in a parking lot incident at his apartment. Even though he was free and clear for the situation as far as police were concerned, he was still given an eviction notice for having violated a lease provision regarding open display of a "weapon". That same clause is in every Texas apartment lease from the association that dogs us with 36 pages of lease details every year.

Using the back door has got to be cheaper.
 
That is why this person is working as a clerk in a gun shop & NOT a partner in a big law firm. NO 100 % guarantees about the POTENTIAL fallout with about any shooting (insurance or not), in my NON LEGAL opinion. What else did he say you MUST HAVE? :rolleyes:



Going to a gun shop to get legal advice is like going to a gas station to get medical advice. The clerk was probably looking for some kind of commission.


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No one is, at least I’m not, trying to scare anyone away from defending themselves. The fact is, DAs change in/out, as does the GOP in any given city. Some regions of the US are consistent, others not so much.

Years ago, a pro gun magazine used to run a section for “unbelievable” results:

In Bethlehem, PA a crook broke into a bar overnight. The bar was closed and he broke in through the bathroom window, falling and breaking his leg. He sued the bar owner for failing to keep him out and creating a hazard. He was paid.

Another crook in Allentown, PA broke in to a house, while the owners were on vacation. He broke into the garage, but was unable to gain access to the house. Unfortunately for him, the garage door had no release, so he was trapped for the week. He lived off of warm soda and chips. He, too, sued he owners for unlawful inprisonment, etc.

These sound crazy, but trust me, in many areas of this country life is ***backwards. What was that quote in SWAT: “Sometimes doing the right thing, isn’t doing the right thing.” Whatever the heck that means...

Is everyone familiar with the term “Bronx Jury”
 
An internet forum is not a great place to seek legal advice. There are a few good suggestions here interspersed with random opinions and outright bad advice.

Find a lawyer in your jurisdiction who is familiar with firearm law. Individual law enforcement officers may or may not understand the implications of your local Castle Doctrine and Stand Your Ground laws. A qualified lawyer will and can explain them to you.
 
This legal service appears to me as the worst of fear mongering.
To a certain degree, you are correct. The statistics are sort of like your Homeowners Policy. The odds are you’ll never file a claim. But if that Hurricane, or Tornado, or Fire, or whatever actually happens, you are just thanking the Lord you have it.

I can afford $20 a month, or $1800 a year for peace of mind. But I cannot afford $30K+ in legal fees in a self defense incident. Everyone has to decide for themselves what works for them.
 
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