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S.Eras
If a thief broken in to my house, can I kill him? Will I get the sentence of murder?

Additional Details
I think if the thief want cross the line to do what he want by breaking in to my house, then why can not I cross my line too to do what I want instead of enduring him to do what he want .



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nate_b
i have asked this question many times and the answer is no u cannot harm him even if he is wielding a weapon the best thing to do is either run or do what he says and get a good look at him if he isn't wearing a balaclava or some other face coverup because u can then go to forensics and if u describe his/her face to them they can draw a picture of it and u can go to court and get your stuff back.

but if u harm him/her u will also get in trouble ranging from a fine to life sentence.

hope that helps.

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fisherman
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not in TEXAS

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§ dreamer §
Depends on the laws of your state,
He broke into your house to only rob you, not to kill you, you basically don't have a defense,unless he was trying to harm you.

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Christian_7
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No it is self defense they cannot prosecute u unless, u like knock him out then kill him they might call it excessive force

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Christopher H
It depends greatly on what state you live in. In the last 18 months at least 17 states have passed the so called "castle doctrine" law that no only allows you to use lethal force if you feel threatened but also protects you from civil liability after the fact.

The idea of dragging someone inside the house after you shoot them outside is foolish these days. Modern forensic science will easily discern such an act and then you will go to jail.

Check your states laws to get REAL answer.

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DIVAGODDESS
you know i am not quite sure but I think if he has a weapon you have every right to defend yourself.

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Mm hmm
Rating
You can only kill him if you have evidence that your life was endangered, or that you at least felt threatened. If a thief breaks in and sees you standing there with a loaded gun, turns to run away, and you shoot him in the back -- then you might get a murder sentence.

You will probably get charged with manslaughter either way. The time you might serve depends on how the jury views you and your case. It helps if you're a little old lady, that would make the jurors more sympathetic I'm sure. However, if you're some big burly guy with lots of tattoos and a criminal record, they're going to assume that the thief was your buddy and you killed him in cold blood over a drug deal gone bad, or something like that.

Why, are you hoping that somebody breaks into your house so that you get the opportunity to kill someone? If you really want to kill somebody without going to prison, join the military. I'm sure they would be happy to have you.

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*****
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There are many state with a "shoot the burgler law" which assume that the intruder isn't there to do you any good, and can be shot. Generally, deadly force should ONLY be used when confronted with the possibility of deadly force. Remember that even if you are cleared of criminal charges, you can still be sued in civil court by the perpetrator, or his heirs, and you can lose all you have. This has happened in the past, and it will happen again in the future. So, my advice is to be very careful before using deadly force against another person.

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Dr. Answers
if you can say that you used self defense than yeah

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Betty
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I Texas you can shoot any one in your yard...I know I did my drunk neighbor and her dog...oh well DONT MESS WITH TEXAS.

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divesharksnemo
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no shoot him on the way in,if he goes outside drag him back in,if you live in CA forget it they will hammer you if you slap a robber.

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Dontugetit
fisherman was right about TEXAS
if you shoot the perp,SHOOT TO KILL,cuz survivors can sue

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joe4912004
Rating
Not sure if you'll get hassled by the local authorities or not, it depends where you live. Anyone however, who is stupid enough to break into your home will you''re there is trespassing on private property and you have the right to take him/her out using what ever force necessary. It's called self defense. That's why the NRA and having gun in the house is a good thing, especially if you live in a questionable neighborhood. Just to be sure, check with the local authorities in your area. See what the response time in to a 911 call too.

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Jason W
It depends on the state you live in, and if the investigators feel that your life was threatened. In some states, its called protecting your family, and in other more liberal states, you can get charged with murder.

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HOLLYWOOD54
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Let me tell you something my friend if a thief broke into my house and I am home at the time and my family as well I will do anything and everything in my power to protect my family and if that means coming down to his life or mine that guess what that is what I will do,because first of all I do not know what type of weapon he/she may have on their person and secondly they shouldn't have broken in my place in the first place and they get what they deserve you have the right to protect your person and family at all cost if your life is threaten from and unknown intruder and that is exactly what I will do you can bet on that, I'll deal with the legal circumstances later and that is what law enforcement and the judicial will look at the circumstances of the crime that took place if came down to kill or be killed.

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magikmike96
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You'd think you have all the right in the world to kill him, but you better think long and hard before pulling the trigger. If they don't first threaten you with bodily harm and you kill him, you possibly could face a murder charge. The liberal movement has given so many rights to criminals these days its pathetic. Better shoot them in the leg just to put him down, but don't kill them or you will be the one on trial.

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Hook'em Horns
Depends on your state. In Texas, if someone breaks into my home, is attempting to, or is breaking into the shed in my back yard, I can use deadly force whether they are threatenting me or not.

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Tater1966
It depends upon where you live and the circumstances of the encounter. If you have a liberal state you may be charged with something, but a good lawyer can help a lot in dealing with that. If the person is running from you and you shoot him then you will probably be charged with something; by the same token if he is coming at you you may get a pat on the back and told good job.
I know that you have the right to protect yourself and your property it is just a matter of how much force the district attorney will let you get away with.
I personally go by the saying "It is better to be judged by 12 than to be carried by 6"

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brian
you can only use lethal force when there's a threat to your own safety.

there's a famous case called 'katko v. briney' which illustrates this almost perfectly.

http://en.wikipedia.org/wiki/Katko_v._Briney

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forgivebutdonotforget911
IF you feel your life or the life of a family member is in immediate danger from the thief, you are allowed to use force, including lethal force, to protect those in the home only so long as the danger is present. If he swings at you with a tire iron, you can shoot. If after one shot he starts running for the door, the danger is over and you should not fire again.

If he comes in and takes your TV and is on the way out the door with the TV in his arms, you can NOT shoot him as he is not presenting any threat to you and is actually leaving the area.

Many states have passed "castle doctrine" laws that basically state that if someone breaks into your home it can be presumed that they are there to cause harm and you do not have to retreat in face of danger.

However, the catch is that you had better make damn sure it is not a kid, some lost drunk or a police officer or fireman responding to a call.

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Dowahdiddy
Follow these fine steps and you won't have a conviction.

#1 Shot the SOB in the head with one shot only.

#2 If he doesn't have a gun or a knife, put one in his hand before the police get there.

#3 Above all, make sure it's in your home, if it's not drag his butt inside before the blood flows.

This is called justifiable homicide and you won't be convicted.

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emt_me911
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If someone broke into your house while you were there and either threatened your life or you felt your life was in imminent danger, lethal force can be used to defend yourself. It's called "justifiable homicide".

There are a lot of gray areas in this though. There would be a lot of difficult questions to answer and an extensive investigation would be conducted, especially from a forensic aspect.

If this happened to you (or to anybody), there is always the chance that you could be charged. I doubt it would be first degree murder but there are lesser offenses of which you can be charged (involuntary manslaughter, for instance). In a case of justifiable homicide, I don't believe you would be charged. However, I think a detective or investigator would be the one who could more accurately answer that.

If someone breaks into your house, the best thing you can do is call 911 and get out of the residence. Posessions can be replaced...you only get one life. It's not worth risking your life over that new flat screen TV or 30 year old classic stereo system. Don't ever try to confront a thief or robber. Yes, you have the right to defend yourself. However, in too many instances, a person attempting to defend themself fell victim to the thief and wound up dead. Keep that in mind.

EMT

"It's better to be judged by 12 than to be carried by 6."

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