If your house is being robbed and you hurt the robber severely(cut them with a kitchen knife or something) will you get in trouble as well?
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Mar 26, 2013 6:59 PM
#1
My house just got robbed, and frankly i don't feel too safe now. So i want to know, if the robbers come again at night or something and I defend myself but in the process hurt them, will I also get in trouble or do I not have to worry. EDIT: This is a serious question that I want to know the answer to. I want to be able to sleep at night thinking at least I can protect myself if this happens again. |
Mar 26, 2013 7:01 PM
#2
Mar 26, 2013 7:02 PM
#3
Mar 26, 2013 7:05 PM
#4
It should come under self defence, so I wouldn't worry about it too much, Sorry to hear that you got robbed |
Mar 26, 2013 7:06 PM
#5
The above 2 responses are correct only if you acted reasonably in response to the threat. If someone breaks into your house unarmed and is about to escape with a couple hundred dollars, and then you break out your shotgun and shoot him in the back, and double tap one in the brain, then that's cold murder. (It might also depend on the state. Some states have strict trespass laws.) |
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Mar 26, 2013 7:07 PM
#6
Forgetfulness said: What if you take a random stab and it happens to hit their heart and kill them? Would you still get away lightly because it was self-defense? Well the robber was armed with a weapon and had the intent to kill, then I guess it would come under self defence. |
Mar 26, 2013 7:08 PM
#7
It depends on your law system, but in most cases if you killed the burglar by accident (or not) you can get jailed for that, even if it's on the basis of self defense. So, it is better to leave that to the cops. I know, it sucks. |
The most important things in life is the people that you care about |
Mar 26, 2013 7:09 PM
#8
Forgetfulness said: If you had reasonable belief that you were under potential harm on the scale of your actions, then you could get away with self-defense. If it was some unarmed kid in broad daylight and it looks to the investigators that you obviously wanted to mete out some vigilante justice, then probably no.What if you take a random stab and it happens to hit their heart and kill them? Would you still get away lightly because it was self-defense? |
My subjective reviews: katsureview.wordpress.com THE CHAT CLUB. |
Mar 26, 2013 7:14 PM
#9
It depends on where you live. For instance in NY defense of property is not a defense for murder, if you had the opportunity to escape but chose confrontation instead you could be prosecuted, of course this is open to wide interpretation since where one person sees and opportunity to run another sees fighting as their only option. If you're in a place like Texas though, with the castle doctrine, it's open season on anyone entering your building uninvited. |
Mar 26, 2013 7:20 PM
#10
Dude, are you seriously asking if it's ok to not let them kill you? Worry about staying alive first, then get a lawyer. Just make absolutely sure that it's a trespasser, and not like your dad or something. Also you can't kill them if they are unarmed, but if they are bigger than you then you can pretty much do anything.. |
Mar 26, 2013 7:21 PM
#11
nekotenma said: Dude texas treats murder like hello, theres one time a guy went into a bank, pulled out a gun and told everyone to get on the floor....borderline every person in the bank then preceded to pull out a gun and shoot the robber 42 times . They all got self defense pardonsIf you're in a place like Texas though, with the castle doctrine, it's open season on anyone entering your building uninvited. TEXAS!!!! |
Immahnoob said: Jizzy, I know you have no idea how to argue for shit, tokiyashiro said: Jizzy as you would call yourself because youre a dick The most butthurt award goes to you And clearly you havent watched that many shows thats why you cant determine if a show is unique or not Or maybe you're just a child who likes common stuffs where hero saves the day and guys gets all the girls. Sad taste you have there kid you came up to me in the first place making you look more like a kid who got slapped without me even knowing it and start crying about it to me |
Mar 26, 2013 7:21 PM
#12
katsucats said: The above 2 responses are correct only if you acted reasonably in response to the threat. If someone breaks into your house unarmed and is about to escape with a couple hundred dollars, and then you break out your shotgun and shoot him in the back, and double tap one in the brain, then that's cold murder. (It might also depend on the state. Some states have strict trespass laws.) Well, when you say reasonably, what do you mean because(im not gonna kill anyone or anything) if he is seriously wounded when he only like scared me would i be in trouble |
Mar 26, 2013 7:28 PM
#13
Kolle said: That's up to interpretation. Like another poster said, do whatever you need to feel safe, but don't think that that gives you an open license to go all SAW on the robber. (If you rig boobie traps and stuff that are designed to injure the assailant regardless of circumstances, you probably will get prosecuted.) It depends on the situation. If you feel your life is in danger, then by all means fight back. If you feel you could have got away, but choose to fight anyways, then we're straddling a thin line. Get a good lawyer.katsucats said: Well, when you say reasonably, what do you mean because(im not gonna kill anyone or anything) if he is seriously wounded when he only like scared me would i be in troubleThe above 2 responses are correct only if you acted reasonably in response to the threat. If someone breaks into your house unarmed and is about to escape with a couple hundred dollars, and then you break out your shotgun and shoot him in the back, and double tap one in the brain, then that's cold murder. (It might also depend on the state. Some states have strict trespass laws.) |
My subjective reviews: katsureview.wordpress.com THE CHAT CLUB. |
Mar 26, 2013 7:28 PM
#14
If you do it under self defense it's okay, but if you take it further you could get in serious trouble. For instance, if you disarm them and they give up and you decide "LEL GONNA STAB HIS ASS N-EWAYS" then yep, that's attempted murder. |
Mar 26, 2013 7:34 PM
#15
I took a course on law and the justice system all the way back in high school. If I recall correctly, it's very hard to deal with a burglar. The law states that life is greater than property, so between defending your property and the burglar defending his health, the burglar wins. I definitely feel like the law is trying to defend burglary here, which is ridiculous. The ONLY exception is if the burglar actually tries to hurt you. Then you can kill him. Because in that situation, it's no longer about defending your property, but yourself. But if the burglar grabs something of yours, there is literally nothing you can do to get that property back. Also, I feel bad for the OP. I live alone, and every night when I go to bed, I always wonder if someone were to break into my house and kill me in my sleep, how long would it take before someone realizes that I've died. |
Thanks, person who gave me this on another site a long time ago, lol. |
Mar 26, 2013 7:36 PM
#16
Personally I'd just let them take my stuff and then inform the police once it's over. My valuables are not worth risking somebody's life over. |
Mar 26, 2013 7:38 PM
#17
Mar 26, 2013 7:42 PM
#18
If you injure him in self defense, no. If you attack him just because he's in your house, it depends on the laws where you live. |
Mar 26, 2013 7:45 PM
#19
In America I doubt you would get in trouble however in order to pull off the whole "self defense" claim you have to prove, without a shadow of a doubt, that not only was the damage inflicted reasonable but also that you were truly in physical danger ... It isn't that it is hard in that type of situation (I actually believe there is another law about harming an "invader") however self defense isn't some magic cloak that makes you impervious to the law, if someone punches you and you punch them back you both with get taken in for fighting in public... As for fighting back against a burglar, why? There is a damn good chance that they are carrying a weapon of some kind, and a pretty good chance they are also more physically fit (if you aren't, it's most likely they are), is it worth risking your life (you honestly have no idea what they are carrying) for a few thousand dollars worth of stolen stuff ... If anything just get one of those systems that alerts police should the house sense a break in (and remember to lock doors/windows) |
Mar 26, 2013 7:48 PM
#20
I think is more inteligent to buy a taser gun or pepper spray. If you are strong enought you can inmovilize the burglar and call the cops without take the robber life. |
Mar 26, 2013 7:49 PM
#21
Like everyone else said if they attack you then you can defend yourself. Otherwise, I think the only thing you can legally do is make a citizens arrest and ask them kindly to wait there for the police to come. |
Mar 26, 2013 7:58 PM
#22
Mar 26, 2013 7:59 PM
#23
If you're in the states you'll be fine if you shoot them. |
Mar 26, 2013 8:00 PM
#24
Mar 26, 2013 8:03 PM
#25
CodeEisAMAZING said: If you're in the states you'll be fine if you shoot them. This might actually be right, I'm not positive but trespassing in the United States is very illegal and one of the main arguments of people severely against gun control laws ... why would they use that as an argument if you couldn't use a gun against trespassers? |
Mar 26, 2013 8:25 PM
#26
Kolle said: My house just got robbed, and frankly i don't feel too safe now. So i want to know, if the robbers come again at night or something and I defend myself but in the process hurt them, will I also get in trouble or do I not have to worry. EDIT: This is a serious question that I want to know the answer to. I want to be able to sleep at night thinking at least I can protect myself if this happens again. easy anwser .... depends where your living , check your laws , i doubt asking it on MAL will help you , where i live if you hurt anyone either or not your in your house you can get in trouble , if you have a guard dog you need to have a sign in every door and ground level windows "beware of guard dog" or they can sue your ass and win , so the only way to really deal with stuff like that is to take the necessary precautions , that said and done once you follow the right steps , example - after calling the cops if someone is inside your house , you have to inform the intruder that you armed yourself and you will be using the amount of force needed to defend yourself , but that doesn't mean you can , shoot them , stab them , or anything that is beyond the strict basic to do so , meaning you can basically only disarm them or wound them enough to give the cops enough time to respond , but anything more then that could be considered excessive force could get you sued ... yes its pretty dumb around here but if needed be i would still prefer to get a use of excessive force charge then get raped or something , as for stealing , fuck it they can take whatever they want as long as they don't intend to hurt me , i'd gift wrap it for them even , that all being said , depending on where you live you have totally different laws on the matter , so check your local laws , i know in the U.S , some places you would be allowed to shoot the person for them breaking into your home , in some countrys , it would be from them walking on your property , while in others , your may not have the right to even defend yourself , laws aren't universal and can be stupid like that , but that depends on where your born or choose to live , hell in some parts of the world your not even allowed to think for yourself or they would shoot you ... that all being said , have fun getting all the info from your local law agency , around here when you ask shit like that you mostly get treated like your the criminal and they go on about all sort of crazy shit , your not eevn allowed to walk around with a pocket knife , its considered an arme blanche , which is basically a bladed weapon , no matter the length of the blade or the style of the knife , i even know people that got charge for walking around with a utility knife after being done work , as it was in their pockets ... anyways enough said , i usually writer too much and this is another one of these times |
Mar 26, 2013 8:38 PM
#27
Study the definitions of self-defense and robbery, OP, because you don't know what either of them are. guyklc said: Get a grip, mate. I live alone, and every night when I go to bed, I always wonder if someone were to break into my house and kill me in my sleep, how long would it take before someone realizes that I've died. |
JoshMar 26, 2013 8:42 PM
LoneWolf said: @Josh makes me sad to call myself Canadian. |
Mar 26, 2013 8:49 PM
#28
Condolescence to OP. :( You're f**ked now regardless, either by the robber or the law. |
Mar 26, 2013 10:24 PM
#29
OK, first of all I understand the answer to my question now. Second, some of you guys are getting the wrong idea. I am not going to massacre this guy who broke into my house, but all I wanted was to like have a kitchen knife close by while I sleep, just for a few days until I feel better and will be able to sleep fine at night. But again, I now have my answer so no more help needed. Thanks guys. |
Mar 26, 2013 10:26 PM
#30
I think this could come into the "self-defense" area, so most countries will pardon you. However, you're not gonna get the self-defence pardon if you kill everyone that enters your house without permission. Like Pirating_Ninja said, there's a high chance he's armed or him being physically strong, so it's best to get yourself a gun or not try at all, unless you can take him by surprise. |
Mar 26, 2013 10:29 PM
#31
DJIzzyIzzyHitler said: I don't have anything to add that hasn't already been said, so I'll just say that Texas knows how to get shit done.nekotenma said: Dude texas treats murder like hello, theres one time a guy went into a bank, pulled out a gun and told everyone to get on the floor....borderline every person in the bank then preceded to pull out a gun and shoot the robber 42 times . They all got self defense pardonsIf you're in a place like Texas though, with the castle doctrine, it's open season on anyone entering your building uninvited. TEXAS!!!! Anyone who isn't already familiar should read up on their execution policy. |
I'm dead. Don't come looking for me. |
Mar 26, 2013 10:35 PM
#32
Put a home made bomb next to your valuables and wait.... |
Mar 26, 2013 10:43 PM
#33
Mar 26, 2013 10:49 PM
#34
I love how you are asking this in MAL. But for my answer, no. It really depends on where you are in the vast world. But in most places, if they were to break into your house; they can be charged with trespassing and that such. If you do inflict damage onto the guy, you will not be charged with anything, and they will say it is as simple as self defense. |
Mar 26, 2013 11:24 PM
#35
Kolle said: OK, first of all I understand the answer to my question now. Second, some of you guys are getting the wrong idea. I am not going to massacre this guy who broke into my house, but all I wanted was to like have a kitchen knife close by while I sleep, just for a few days until I feel better and will be able to sleep fine at night. But again, I now have my answer so no more help needed. Thanks guys. I suggest a crowbar as a better defensive measure. |
azzuReMar 26, 2013 11:28 PM
The most important things in life is the people that you care about |
Mar 26, 2013 11:41 PM
#36
Mar 27, 2013 12:32 AM
#38
Red_Keys said: I don't think you have to worry. Self defense or something of the sort. I don't know trespassing laws off the top of my head though.. Sorry to hear you were robbed :( Did you contact the police? Not how it works. It depends on how/where you cut them, and if they were armed. If you cut their knees or something and they cant walk they can sue you. |
Mar 27, 2013 4:43 AM
#39
Depends on the country. Personally I would take my chances and Try to kill the burglar, just out of principal. And take my chances in court. |
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Mar 27, 2013 5:20 AM
#40
Here in Britain you have the right to defend yourself with reasonable force, what constitutes reasonable force depends on what the robber was doing, in general though unless you outright murder the guy you'll be safe because public policy wouldn't want to punish people defending their homes. The Criminal Law is intended to punish criminals, not victims - so don't sweat it. Source - Law Student |
Mar 27, 2013 5:26 AM
#41
Go yandere mode, it counts as self defence as well. |
"Only one with the courage to shoulder the burden of their own fate can be called a hero.." |
Mar 27, 2013 5:58 AM
#42
If they initiate the attack, it would self-defense. In this instance, mostly any way you harm them is justifiable, especially if they attack you with a weapon, or even just have one hidden. If you initiate the attack, it would be considered protecting your property. In which case, an excessive use of force could dictate assault (if not attempted murder). You should really check up on the laws for property defense in your state; wouldn't be the first time someone got screwed for doing the right thing. Also, I'm sure the jury would support you in at least 90% of instances, in the odd event you find yourself in court. |
Mar 27, 2013 6:10 AM
#43
Solvite said: Not how it works. It depends on how/where you cut them, and if they were armed. If you cut their knees or something and they cant walk they can sue you. That seriously sounds really dumb. A robber suing the person he was trying to rob for trying to stop the robber from robbing him. I don't think any court or law in which that robber successfully wins the case should be trusted in. |
Mar 27, 2013 6:31 AM
#45
My instinctive response to a stranger breaking into my house would be to kill him O_O |
sexual incest in nisomonogatari - no one bats an eye romance incest in SAO - everyone loses their minds |
Mar 27, 2013 7:15 AM
#46
Uh come on OP. Go check your laws, how the fuck are we supposed to know, we don't even know where you live. |
Mar 27, 2013 8:14 AM
#47
m_c093 said: depends on who has the better lawyer. This. |
Mar 27, 2013 8:33 AM
#48
Just don't do anything, you're far more likely for something extremely violent to happen if you try to confront someone with a weapon. This is why stuff like guns (for "home protection"), don't actually increase your safety, it actually does the opposite, if someone was to burglar my home, I'd just stand back and let them take whatever they wanted, since my own safety (and my families) is far more important than some stuff. |
"If you love someone Follow your heart Cause love comes once If you’re lucky enough" |
Mar 27, 2013 8:40 AM
#49
Always keep plastic wrap under the rugs. So if you kill someone you can wrap them up. Throw them where no one will ever find them. Remember the only crimes that show up on statistics are the ones reported. |
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