Will I go to Jail if Shoot Intruder

[Ziggy2525]

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.

What’s your take on giving a mini-statement before talking to an attorney in a self defense shooting? The “I was pumping gas. He pulled a knife on me. I drew my pistol and shot until he dropped the knife. His knife is there. Those two people are witnesses. I’ll give a full statement after I talk to my attorney.” kind of thing.

Some of the CCW Insurances recommend a mini-statement. Some don’t.

 

[Czechvar]

Never heard of a ‘mini statement’. I do know that a ‘nothing statement’ cannot be used against you later...and that’s all I would not say. I’m paying $20 a month for access to a Lawyer who speaks Legalese much better than I do. If I prematurely open my big mouth, it might significantly increase the amount of time it would take my Lawyer to extricate my foot from said mouth.

 

[one eye joe]

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

THERE IS NO CUT AND DRIED ANSWER TO YOUR QUESTION....

YOU MUST FAMILIARIZE YOURSELF WITH THE LAWS, IN YOUR PARTICULAR JURISDICTION, TO UNDERSTAND THE LIMITS OF AN ACCEPTABLE RESPONSE ON YOUR PART, TO SUCH A SCENARIO.....

 

[fredj338]

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.

So you shoot the neighbor kid who is drunk & stumbles into your home thru an unlocked door or climbs thru an unlocked window thinking it's his house. yeah get back to me about castle doctrine. There still has to be fear of death or bodily injury. A simple B&E is not gonna cut it, Texas or anyplace else.

 

[Ziggy2525]

So you shoot the neighbor kid who is drunk & stumbles into your home thru an unlocked door or climbs thru an unlocked window thinking it's his house. yeah get back to me about castle doctrine. There still has to be fear of death or bodily injury. A simple B&E is not gonna cut it, Texas or anyplace else.

Nice try, no cigar. You moved the goal posts.

In your post #71, you didn’t say a drunk stumbled through an unlocked door or climbs through an unlocked window. You said a drunk was KICKING in the door. Two totally different circumstances.

 

[joeintexas]

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.

Maybe where you live kicking someone's locked door in is considered acceptable behavior to gain entrance, not in my world. In that case I am more concerned with death or injury than I am with a lawsuit. Someone kicks my door in and comes thru it I'm not going to take the time to ask if they are armed or if there's something I can help them find.

 

[steelslaver]

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.

I am not going to jail or even be arrested if I shoot someone in my home, unless the DA can present some solid evidence that it was something besides defense of self or home to a district judge and get a arrest warrant from him. Written into law in Montana. Dead guy in your house, they have to some proof it was criminal prior to arrest. Not just it mighty be, and my wife is an attorney, so if I even said hello to the police she would be POed. One of her legal acquaintances will answer any questions, thank you. Good bye.

 

[jwk]

The problem w a mini statement is knowing when and being able to shut up. The comedian said in a routine "I had the right to remain silent but I didn't have the ability.".

Think about the last fuss you got into with your wife. Shooting someone then dealing with the police will be more stressful. If you couldn't figure out when and how to shut up in a fuss w your wife, you won't be able to do it with the police.

I really recommend getting to know a local lawyer who if you call him about something this serious will either get to the scene or the jail ASAP. You're much better off w a good lawyer between you and the police.

 

[jwk]

Steelslayer if you think the police call the local DA before they make an arrest you're wrong. If a cop decides to arrest you you're gonna get arrested either by him or the local equivalent of a SWAT team.

 

[jtcarm]

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

Do yourself a favor, find a class or something, or buy the insurance.

Free legal advice is worth what you paid, and could end up costing you a whole lot more.

 

[steelslaver]

Steelslayer if you think the police call the local DA before they make an arrest you're wrong. If a cop decides to arrest you you're gonna get arrested either by him or the local equivalent of a SWAT team.

The local equivalent of a SWAT team is a a couple of deputy sheriffs with shotguns and in the middle of the night they have to wake them up. Once again, in your home you will not be arrested for killing someone who doesn't not reside there unless the the district judge signs a warrant based on evidence presented by the county attorney. This isn't Texas. Its Montana. Your house is your domain. They can set out at the end of the driveway and wait for the warrant. They can call on the phone and ask for the warrant. But, they need that warrant. If you are on some ones place uninvited or after you were told to leave you are guilty of trespass. Best haul freight. My driveway is also clearly marked No Trespassing. The sheriff has to have a solid reason to even come to my door. The door mats my wife got us say. "Come back with a warrant".

You can be arrested for domestic battery in your home without a warrant. Thats about it. They can't serve anything, but a felony warrant at your home. Your HOME, Your CASTLE. If I am out camping my tent is the same as my home.

You can not arrest a elected sheriff, a county commissioner or a legislator while the state government is in session in Montana with out a district court order. Lots of interesting arrest laws here. I can't be arrested for anything but a felony or breach of peace on my way to or from voting.( (1) Electors shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at election and in going to and returning from the same.)

Also, if law enforcement puts cuffs on a person here it is an arrest, they can't just do it to restrain you while they investigate.

I want to drive around with 20 loaded guns in my car thats fine even without any permit. In sight out of sight, what ever. Open carry, no permit. Outside the city limits engaged in a lawful activity you can carry concealed WITHOUT a permit. Like I said, "This ain't Texas"

 

[jimmyj]

plan ahead:
1. have a ready dug grave in your backyard
2. Shoot the BG
3. Bury the BG
4. plant a rose garden over the grave.

 

[Rustyt1953]

4. plant a rose garden over the grave.

I especially like the neighborhood beautification touch.

You really do care.

 

[Doug M.]

So you shoot the neighbor kid who is drunk & stumbles into your home thru an unlocked door or climbs thru an unlocked window thinking it's his house. yeah get back to me about castle doctrine. There still has to be fear of death or bodily injury. A simple B&E is not gonna cut it, Texas or anyplace else.

*
Putting aside the change in underlying assumed facts, if you have a door unlocked for any reason other than to go through it, pay someone to administer slap therapy until that stupidity is corrected. If you have windows open for ventilation, the ones easily reachable, like ground level, should not be opened more than a few inches, and should have a physical barrier that has to be forced. This reduces the risk of such a event, makes noise, and provides evidence in your favor. Anyone who doesn't understand such simple foundational concepts probably needs a guardian more than a gun.

As for what will justify a prosecution in terms of legal analysis and local political environment, that's an outcome hard to predict with certainty unless one is really familiar with the precise community in question.

 

[Chief Wiggums]

plan ahead:
1. have a ready dug grave in your backyard
2. Shoot the BG
3. Bury the BG
4. plant a rose garden over the grave.

Jimmy - I fixed this for you
1. have a ready dug grave in your "neighbors" backyard