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Additional Details
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Additional Details
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Oblivion44
Can you legally kill someone who breaks into your house?
(if they have a weapon)



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clark6561
Rating
If they break in they dont even have to have a weapon as long as they in your house when police get there with signs of break in....so yes you can...self defense

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FRAGINAL-NOYPI
Killing a person breaking into your house is justified because it is defense of property which is an exempting circumstance under the Penal Law. You actually committed a crime but you are not a felon because you are just protecting your property.

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FrankieMuniz
Uh?!

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bear8357
Only Head Shots

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Goldenrae9
Self defense.

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a heart so big
Rating
there are a lot of factors they take in to consideration for self-defense claims, but generally, yes, you have that right.

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EYES WIDE OPEN
Rating
I don't believe you can ever kill someone legally. But if you or anyone else is put in a position where you feel your life is in danger and you can't avoid this problem like running out the door, YES you have the right to snuff out someones life.

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anonymouse
Rating
In most jurisdictions the standard is that a "reasonable person" would believe that his life of the life of others was in immediate danger.

If you are not in immediate danger of losing your life or being gravely injured you are not allowed to respond with deadly force.

If a man broke open your front door (obviously unarmed) and immediately sat down with his back to the wall and said, "I'm not leaving till you give me a peanut butter and jelly sandwich", and made no other threatening gestures or anything - no, you could not legally kill him.

Now if he had a knife or a gun or did something to put you in fear of your life, then you could defend yourself.

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Rangers ♥ Saltalamacchia
Rating
I think you can.. it's self defense.. look it up!

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BeachBum
Rating
Yes as long as they are still inside your house... meaning you can't shoot them in the yard after they have left...

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takeitez2
Wow this is an eternal question and it is not easy to answer. First many States & Counties have differing statutes on this and you would do best to look them up where you reside. But in most any situation, and understand this is not legal advice, you have the right to defend yourself in a manner which disables/stops the intruder IF you believe or fear he/she/they are about to do you harm. Understanding this is key to a defensive posture.

I can tell you that my dog and my shotgun will keep me alive if my attempt to find out who it is fails. And I won't hesitate if they do appear to be someone I don't know. I have the right to reasonably assume the right to privacy and anyone who violates that with willful intent to do me harm, and my interpretation is all I need, WILL suffer the immediate consequences. I will pull the trigger.

After saying all that, this will probably never happen to you or me. But preperation is the key. An Alpha dog & a shotgun is good insurance.

Here are 2 links to read. One is in defense of defense, the other consequences for defending if done wrong. Then do some of your own research. This can get rather tangly. Be careful.

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kaisergirl
Rating
depends on the state

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doubleg2006
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If some one breaks into your home and that person has a weapon then you have legal rights to defend your property and everyone and thing inside it. But if that person doesn't have any weapons then the only thing that you can do is subdue the subject and hold him till the police arrive to make an arrest.

Listen very carefully make sure that you contact your local police before taking any necessary steps to defend your home and the people inside it

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msi_cord
Rating
In self defense, yes you could.

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undercovernudist
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if they are trying to kill u or u believe ur life is in peril yes in most states especially Texas

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inzaratha
Rating
Depends on your state. In AZ if they break into your house and have a weapon and you shot them you are within your legal rights by self defense, but you should shoot to kill as they could sue you otherwise !

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afterflakes
of course not. the ACLU will sue you and turn over all your belongings to the criminal and then they will make sure you do jail time for murder. and that goes double if you live in san francisco!! well, or anywhere the 9th circuit court has jurisdiction.

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John D
Rating
Yes, but make sure that you kill them so they cannot sue you for use of excessive force!

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meandyou200557
Rating
yes but dont let the body out of your house

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Fallon
Rating
Depends what state you live in. Texas, along with others has a deadly force code. Loosely translated: You can react with equal and one step greater force. dependent on protecting yourself, another and property. Here. We can shoot someone that breaks into our house. Your supposed to warn them you have a gun and intend to shoot, and only when they are entering not trying to get out.
My Daddy always said, "Dead men tell no tales. Or truths!" LOL

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mike b
yes that's why i leave my door unlocked

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William G
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Most states allow you to kill in self defense if there is a legitimate fear that the offender might use deadly force against the occupants. (Check your state laws)

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sgoldperson
Rating
Depends on the State for starters. Some still have a law that says you have to do everything else first, including leaving your own home.

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grimmy19812000
It all really depends on the state... there are some states that would consider this to be murder (being that these states don't feel that a simple break-in is means for killing someone... in other words... they don't think that simply protecting your property is a legal reason) and some states (such as South Carolina ... where I'm from...) it is legal to kill someone who enters your house without your permission (i.e. breaking and entering) providing that you are home at the time of occurance and feel your life is threatened....

bottom line... best thing to do is to always call the police first (even if you have to dial 911 and leave the phone off the hook)... and then take whatever actions are needed to defend your life and the life of your family... then worry about the legality of it later...

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