Will I go to Jail if Shoot Intruder

[dougb1946]

You will probably get cuffed and get a ride downtown. You will need a lawyer. You may get sued, as anybody can sue anybody. You can countersue for expenses but reality is you will be going after somebody with not much money. What you do and say will be held against you. The good news is you are still alive to fight a suit. Preparation helps.

That and the number of a good lawyer.

You are not allowed to give a final shot to put the thief out of his misery, as a MN homeowner found out.

 

[robertrwalsh]

Surprisingly enough the People's Republic of California is one of the better states in this particular regard. If you are in your home (and exactly what your home is can be sort of interesting in and of itself) the law presumes that the use of deadly force against an intruder is justified. It is a rebuttable presumption, but the DA has to prove that your use of deadly force was NOT justified. You don't have to prove it was.

 

[Execpro]

Spent many hours looking at all the CCW insurance. Some only covered certain States or use of handgun only or found not guilty and only then reimbursed you a certain amount ect..
I purchased CCW Safe. You can get it for you and your wife,covers criminal and civil law suits,bail ect.. you can even get 1 million pay out in a civil suit if you lose with NO out of pocket expense!
This was my choice. There are some good comments above.
Good luck on your search. If you carry a gun or have one for home defense you NEED some kind of insurance! JMO. It has been said that you may never be struck by lightning, but people ARE struck by lightning.
For a small monthly fee no matter which insurance you get, you WILL sleep better knowing you won’t go bankrupt if lightning strikes.

Be SAFE and shoot often!

 

[4506517]

WOW.

My advice: Use birdshot. You have almost no chance of killing them.

Problem solved.

 

[LoboGunLeather]

As a general rule any person may sue any other person for any actual or alleged wrong. If you are sued you will have two choices: (1) you may ignore the complaint, in which case there will be judgement entered against you by default, or (2) you may defend against the complaint, in which case you will incur legal fees and court costs (hint: good lawyers charge more per hour than many of us ever earned per week, and they don't want to turn off the faucet until the cistern is dry).

Nothing needs to be proven in order to file a lawsuit, only allegations must be made. In a criminal case the standards are innocent until proven guilty, and beyond a reasonable doubt. In a civil case (lawsuit) the standards are preponderance of the evidence, and guilty until proven innocent.

You may purchase liability insurance coverage to protect yourself against such claims. In the final analysis this not only does not stop lawsuits, it may encourage a lawsuit (plaintiff learns that there is an insurance company on the hook). Attorneys retained by your insurer will be primarily concerned with protecting the insurer; protecting you will be a secondary (although closely associated) priority. When the insurance company's bean counters see a claim, they will start estimating how much it might cost to defend that claim, and the initial response might well be an offer to settle for "nuisance value" (less than projected legal fees and court costs). Plaintiffs' lawyers understand this very well, and will pursue any case, under any fact situation, just for a quick payday on "nuisance value".

As far as being arrested goes, an arrest requires a showing of probable cause, i.e.: knowledge of facts and circumstances that would cause a reasonable man to believe that a crime has been committed, and a particular individual committed that crime. You may (probably will) be detained and questioned, perhaps repeatedly. Best advice I can offer is to simply state "I was in fear for my life and I was forced to defend myself. I have nothing more to say until I am represented by an attorney".

Once you have invoked the right to legal counsel nothing else can be done that can possibly result in admissible evidence. SHUT UP, LAWYER UP, MAX OUT THE CREDIT CARDS AND PAY THE RETAINER, AND LET YOUR LAWYER DO ALL OF YOUR TALKING FOR YOU. You are under no obligation to assist the state in building a case against you. Do not sit there like a dunce and let investigators and prosecutors question you over and over again, perhaps for hours, going over every detail, while you get tired and your memory slips a bit on sequence of events, words spoken, etc, etc, etc; all that will result is reports that show inconsistencies in your statements, which will not look good for you at the court house.

A final bit of advice: Don't wait until you need a lawyer to find one. Most reputable lawyers will allow you a brief consultation to discuss possibilities of representation without fee, or at minimal cost. Find a lawyer whose experience includes self-defense issues, one that you trust, and keep his number on speed-dial. Then, in addition to "I WAS IN FEAR FOR MY LIFE AND I WAS FORCED TO DEFEND MYSELF" you can add "I HAVE CALLED MY ATTORNEY AND I AM WAITING FOR HIS RESPONSE BEFORE I HAVE ANYTHING FURTHER TO SAY".

Don't get your dental work done at an auto body shop. Don't get your legal advice from a sales clerk at a gun store. Don't rely on internet forums for the best in criminal or civil law advice.

 

[Doug M.]

Another thing to know: what does your state have for civil immunities? We have a pretty broad statute here in WA - if one is injured as a consequence of committing a felony, the victim has complete immunity. While a suit can be filed, the odds of such are low since the offender cannot collect.

RCW 4.24.420: Action by person committing a felony—Defense—Actions under 42 U.S.C. Sec. 1983.

 

[CelticSire]

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.

Assuming that "west of Houston" means you're still in the Great State of Texas, CCW Safe was wrong. Legally, yes you can.

Texas Penal Code, Chapter 9, relevant sections:

SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

 

[vipermd]

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.
Another crook in Allentown, PA broke in to a house, while the owners were on vacation He, too, sued he owners for unlawful imprisonment, etc.

30+ years ago a thief broke into a home in Bucks County Pa. while family was out. They arrived home, perp left through rear/side entrance and tried to go over a wrought iron fence, slipped and impaled his arm on the fence. Police arrived, found the perp with items from the home, he went to the hospital. He was the " only source of income " for his family, they sued and won. I tried but could not find the newspaper report which had names, times, results- Sorry. What was true yesterday, may not be today. I would suggest talking to a Criminal Defense lawyer in your area to determine what your liability may be. Be Safe,

 

[pharmer]

My plan is to never shoot another person. I am kind and polite even when it's not reciprocated. Been working for 40 years. If'n it does happen my legal issues will be last on the list of considerations. Joe

 

[jag312]

Thank you, I live in a Stand Your Ground state, so that means I do not have to retreat and hide right?

States That Have Stand Your Ground Laws - FindLaw

I'm glad to see hat Nevada is also one of the Stand Your Ground States. There is also a long standing tradition in Nevada of burying problems in a hole in the desert.

 

[goodoboy]

I had Texas Law Shield but changed a few years ago to CCW Safe which pays more and in most cases will not cost me a dime out of my pockets.

Thank you very much

 

[Popeye77]

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.

CCW is wrong as stated when mine got broken into in Tyler officer told me I had every right to shoot someone to protect my property. And no you don't have to drag em inside.

 

[goodoboy]

Mo

Spent many hours looking at all the CCW insurance. Some only covered certain States or use of handgun only or found not guilty and only then reimbursed you a certain amount ect..
I purchased CCW Safe. You can get it for you and your wife,covers criminal and civil law suits,bail ect.. you can even get 1 million pay out in a civil suit if you lose with NO out of pocket expense!
This was my choice. There are some good comments above.
Good luck on your search. If you carry a gun or have one for home defense you NEED some kind of insurance! JMO. It has been said that you may never be struck by lightning, but people ARE struck by lightning.
For a small monthly fee no matter which insurance you get, you WILL sleep better knowing you won’t go bankrupt if lightning strikes.

Be SAFE and shoot often!

Thank you so much Execpro,

I will call and get CCW Safe as well.

I don't want to overthink it.

 

[AZretired]

$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.

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

 

[blues7]

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

NC has similar protection.

 

[okiegtrider]

Google Castle Doctrine, and see if the state you live in has it.

While you are at it, look up, "shill".

 

[Kuglespritz]

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

You have been given some great advice here. I will add that besides buying (and reading) Massad Ayoob books, take his MAG 40 class! It is 40 hours long and you will walk away from the class with a solid understanding of defending yourself with lethal force. Mr. Ayoob is the Master of this topic and his course is second none! You will benefit greatly and he will answer all of your questions.
Here's a link if you decide you want to get trained:

https://massadayoobgroup.com/events/category/mag40/

Stay safe!

 

[Chief Wiggums]

Al Gore did not intend the internet to be used for obtaining
Legal , financial or relationship advice.

 

[Wee Hooker]

Your life (including your financial situation) will almost certainly change forever, and not for the better....

 

[X1M3]

Don’t get brain surgery done in a brothel, and don’t get legal advice in a gun shop. That way you will never end up with a lobotomy and in jail.


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