Defending within your home

[beararms1776]

go toss a knife in the guys hands or something.

This doesn't sound good.

 

[Jay]

If they broke in while you were there and you couldn't see if they were armed because it's dark and you took action, you could get in trouble for the fact they weren't armed?

Not likely...........

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against
another person to protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to
prevent serious bodily injury to the person or a third person or the
commission of a forcible felony. No person in this state shall be
placed in legal jeopardy of any kind whatsoever for protecting the
person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force,
against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to
prevent or terminate the other person's unlawful entry of or attack on
the person's dwelling, curtilage, or occupied motor vehicle.

 

[deerslayer13]

call the cops for sure . not sure bout shooting them but i had a break in a few years b4 i carried. All i had in reach was a sword on the wall so needless to say i grabed and swung. after that he ran off and i called the cops. when they got there they took my report looked at the wepon and left. since the guy was never found i have had nothing bad happen. although my bro works for impd and say it is still in the computer as an investigation for stabing with a katna sword , witch i can live with since me and my kids are still safe and fine

 

[beararms1776]

Sometimes statements that may justify your actions can be misconstrued and used against you also.

I believe it.

 

[SemperFiUSMC]

I was told by LE at a safety meeting to get a lawyer asap because until proven otherwise, you are the person with a gun that just shot someone and you will be viewed as the BG by the officers until then. He told me that you would probably be face down, handcuffed and taken to jail until proven that you didn't go nuts and start shooting people and that the victim was indeed an intruder there to harm you or your loved ones.

+1 and repped.

There is a dead guy in your house. That is homocide. The circumstances need to determine if it was murder, manslaughter, or self defense. Call your lawyer after you call 911 to come scrape the dead bad guy off your floor.

 

[JetGirl]

Not likely...........

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against
another person to protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to
prevent serious bodily injury to the person or a third person or the
commission of a forcible felony. No person in this state shall be
placed in legal jeopardy of any kind whatsoever for protecting the
person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force,
against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to
prevent or terminate the other person's unlawful entry of or attack on
the person's dwelling, curtilage, or occupied motor vehicle.

Repped

 

[SemperFiUSMC]

Not likely...........

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against
another person to protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to
prevent serious bodily injury to the person or a third person or the
commission of a forcible felony. No person in this state shall be
placed in legal jeopardy of any kind whatsoever for protecting the
person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force,
against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to
prevent or terminate the other person's unlawful entry of or attack on
the person's dwelling, curtilage, or occupied motor vehicle.

That's a defense. It will still be investigated thoroughly and could be referred to the prosecutor. His call whether to charge or not.

It's better to have legal representation up front.

 

[Jay]

There are some valid suggestions in this thread, and there are some that simply fly in the face of reason.

To each his/her own......

 

[Jay]

That's a defense. It will still be investigated thoroughly and could be referred to the prosecutor. His call whether to charge or not.

It's better to have legal representation up front.

You're assuming the intruder was killed. The post I answered simply stated "took action". And there should be an investigation, but Indiana code authorizes action. I never said legal counsel should not be obtained.

I stand by my initial response

"That's a defense."...and in that same section of Indiana code

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against
another person to protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to
prevent serious bodily injury to the person or a third person or the
commission of a forcible felony. No person in this state shall be
placed in legal jeopardy of any kind whatsoever for protecting the
person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force,
against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to
prevent or terminate the other person's unlawful entry of or attack on
the person's dwelling, curtilage, or occupied motor vehicle.

 

[beararms1776]

There is a dead guy in your house. That is homocide. The circumstances need to determine if it was murder, manslaughter, or self defense. Call your lawyer after you call 911 to come scrape the dead bad guy off your floor.

Thi sounds like some good advice to. It could also be easily determined by forced entry. I'm not one of those who leaves my doors unlocked at night.
I'm throwing a bone (rep) to ya on this one!

 

[Htrailblazer]

Story of how I think most of these situations are handled. Yes the police investigate but I think they are only looking for some obvious disregard for the law.

Suspected Burglar Shot; In Critical Condition | Indy's News Center - 93.1 WIBC Indianapolis - Live. Local. First.

 

[beararms1776]

Story of how I think most of these situations are handled. Yes the police investigate but I think they are only looking for some obvious disregard for the law.

Suspected Burglar Shot; In Critical Condition | Indy's News Center - 93.1 WIBC Indianapolis - Live. Local. First.

Thanks. This will be a good story to follow.

 

[beararms1776]

go toss a knife in the guys hands or something.

C'mon E5. This only justifies and proves my thought that your friends aren't always who you think they are and the people you think are trying to help, could in fact be the ones trying to do the most damage. A factual statement. Not a dillusional irrational thought, just defensive thinking.

 

[MWCMT]

Story of how I think most of these situations are handled. Yes the police investigate but I think they are only looking for some obvious disregard for the law.

Suspected Burglar Shot; In Critical Condition | Indy's News Center - 93.1 WIBC Indianapolis - Live. Local. First.

Does anyone know if his gun was confiscated?

 

[Cemetery-man]

This doesn't make any sense. A complete stranger breaking into your home is not there to make bacon and eggs for you in the morning.

I can see where the instructor was coming from. The LEO have no idea or way of knowing that the dead guy IS a stranger until proven otherwise which until then makes you the key suspect in a shooting. All they see is a dead person on the floor and you standing over him a gun.

Who knows. Could have been you that kicked the door in, found your wife with a man who had just finished making her bacon and eggs and now were enjoying dessert so in a fit of rage you pulled your gun and shot him.

 

[Cemetery-man]

????? what ????? Heard of some horror stories, but I don't believe your LEO made an accurate statement there. Could be wrong...

Accurate as the LEO that made it. He made it clear that that's what's going to happen to you if he answers the call.

 

[beararms1776]

I can see where the instructor was coming from. The LEO have no idea or way of knowing that the dead guy IS a stranger until proven otherwise which until then makes you the key suspect in a shooting. All they see is a dead person on the floor and you standing over him a gun.

Who knows. Could have been you that kicked the door in, found your wife with a man who had just finished making her bacon and eggs and now were enjoying dessert so in a fit of rage you pulled your gun and shot him.

Yeah, and the defender in his underwear proving they were all bunking together. Or maybe the armed defender didn't now the woman was married and defends himself against the homeowner kicking his own door in. She may have been looking for a way out of a bad marriage. Do you think she would tell her victim this. Is a cheating spouse worth a life. Or maybe, just maybe, DNA could prove a whole different story that's not visible at the scene. I guess it would all come down to what side of justice your really on. This could get interesting.

 

[MadCity Hoosier]

If they broke in while you were there and you couldn't see if they were armed because it's dark and you took action, you could get in trouble for the fact they weren't armed?

Not likely...........

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against
another person to protect the person or a third person from what the
person reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to
prevent serious bodily injury to the person or a third person or the
commission of a forcible felony. No person in this state shall be
placed in legal jeopardy of any kind whatsoever for protecting the
person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force,
against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to
prevent or terminate the other person's unlawful entry of or attack on
the person's dwelling, curtilage, or occupied motor vehicle.

Depending on the exact circumstance, I think you might be in trouble. Follow along.... You're home, and you hear someone trying to break in. You retrieve your pistol and investigate the noise. First thing should be something like "Stop! I have a gun!" If that doesn't "prevent or terminate the other person's unlawful entry..." then maybe shots fired would be justified. My goal is to do whatever I can (without putting myself/family/others at risk) to end the conflict without firing a shot.

The law says that the gun owner/victim must "reasonably believe that force is necessary..." Maybe if you didn't try another method of repelling the attack (verbally, while intruder is still outside, and you are relatively safe inside) your shooting would not be justified. Force is necessary b/c 1)other methods have failed or 2) you are in imminent danger. But again, there's likely to be only one witness to the events (two if the BG survives).

Another thought: My limited experience tells me that the police will be on the phone with the prosecutor from the scene of the incident. The prosecutor will listen to the cop's rendition of the events/motives/outcomes and the prosecutor will decide what he/she needs for potential prosecution. I would think that if the prosecutor (and LEO) believes that you were in the right, you'll come out okay, but you may end up in silver bracelets for a few moments while the cops investigate the scene.

 

[Disposable Heart]

Accurate as the LEO that made it. He made it clear that that's what's going to happen to you if he answers the call.

I think this is the key: Just like a myriad of threads regarding police and tickets, its also another play of perception and the responding officer's attitude in regards to the letter of the law.

Face it: The law is on our sides. The events transpired, if you shoot within the law, you are alright. Give your story, then zip it. The police are technically NOT on our sides. They are there to get the facts, the stories and the physical evidence. The PERCEPTION of the events, such as the story you give, the arrangement of the physical evidence determine how the case goes. A front chest wound on a guy who is holding your property or a weapon, okay, you are defending yourself and the police should treat it as such. But a guy halfway out the door, your property thrown into the yard when he fell and a hole in his back, you are in trouble mister!

I think the process is very loosely based and our perception on what goes on after a shooting is based on "well, this one brother of a cop I know said" or basing it off of one's cop's "opinion" (as stated, this is how HE would handle it if HE arrived, pure butch bravado, I HATE when police or authority figures try to personalize their jobs instead of follow the policy).

My advice, have a lawyer handy and keep a line on your family (so they can contact said lawyer), but calling them 3 AM to the scene is rather excessive in my mind. I would give the facts as I know them to the police, but after I have had some time to cool off (call for a trauma cart at scene). If they start talking about charges, you start talking about lawyers.

 

[beararms1776]

That sounds good to MCH. I agree. Try and resolve the issue peacefully. If it takes flip flops and hand stands, so be it. If you hear someone trying to come in, by all means I to personally would give a verbal warning first. This would definately give the perp a choice. Going out to confront, I can see trouble for the victim. I like it man.