Settling an argument

[Josh95]

As far as I know, if someone is breaking into your car and you shoot them or attack them and kill them on purpose, then technically YOU are the person who is going to go to jail for murder because it is not a "threatening" situation when someone is breaking into your car, etc. Cop once told me, if I shoot someone on my property for something else, I better drag the body in the house and tell the cops he was coming through my front door when I shot him, because technically you have no right to shoot someone on your property until the situation becomes self defense for you or your family.

But here is the argument:

Say someone is breaking into your car, you come up on them from behind and hit them with something, your fist or a weapon, to stop them from doing it, BUT, you break their neck accidentally and they die. It was not intent to kill, just intent to stop them from breaking into your vehicle, etc. It was an accident for all practical purposes.

Would that person be charged or not? And what would the charge most likely be if they were charged?

Trying to figure this one out. Nobody seems to know what it would be looked at as.

Thanks!

-- J

[mcsap]

WHy would you attack someone breaking into your car with your fist when they could have a knife or gun ??

Anyway, Manslaughter comes to mind when a person unintentionally kills someone under the circumstances you describe.

ADVICE. If you see someone breaking into your car, call 911 and let the police handle it.

If you shoot a bad guy in your yard and than drag the body into your house and claim the shooting took place inside...how are you going to explain the drag marks and the blood trail from your front yard ??!!

[cecilVA]

There are all sorts of manslaughter charges that are below full blown murder. Negligent homicide and involuntary manslaughter come to mind. You can still get in serious trouble even if it was "an accident". Somebody still died as a result of your actions, regardless of your motives. The only time the self defense excuse will work is if you can articulate (and the evidence supports it) that you were in fear for your life or the lives of your loved ones.

[Whitewolf1970]

Eww, I can picture that one; drag mark and bloody trails. Not a good idea. And best to call 911 and request a cop to get here immediately. Mcsap is right.

[Babysmamadrama]

In Missouri, you cannot use deadly force in defense of property. Even if you beat a homicide rap, the wrongful death suit will make you wish you were in prison.

[tenfour]

so the situation doesnt have to be life threatening if the person breaks INTO your house, say I heard a window break,ran downstairs and found a burglar not noing if he is armed and I shoot him. What would happen? obviously if he had a gun pointed at me I could shoot him, but since its dark and I have no idea...

[Whitewolf1970]

<sigh> If we can't see in the dark, can someone lend us the light glasses? So we can beam the light rays on the suspect to see if a suspect have a gun or not? That's a scary part.

[cecilVA]

so the situation doesnt have to be life threatening if the person breaks INTO your house, say I heard a window break,ran downstairs and found a burglar not noing if he is armed and I shoot him. What would happen? obviously if he had a gun pointed at me I could shoot him, but since its dark and I have no idea...

You may have to explain why you didn't make an effort to call 911 and wait for the police to show up. Dumb question I know, especially when considering some criminal in your house, but something to consider.

Even if you beat a homicide rap, the wrongful death suit will make you wish you were in prison.

Excellent point. The criminal's family, or the criminal himself if he/she survives will more than likely sue you and that will be another battle to prove your actions you justified.

[Josh95]

Right. So if the guy walks up and says to the guy breaking into his car, I'm gonna kill you and he does, then without a doubt, it's murder, because that was his intent. Intent being the difference. Manslaughter would apply in the situation of coming up on the person breaking into their vehicle and knocking them in the back of the head with a wrench or bat, etc. There was no real malicious intent to kill that person in that act.

It all depends on intent and malice of forethought.

Thanks a bunch everybody, I basically knew this, but in discussing it with another person and they were way off base on how it would be looked at, and it is not a get off on self-defense issue, simply because the person was breaking into your CAR. The car is not a living thing which you can defend with bodily harm to another.

Never been to this site before and just typed in Ask-a-cop and found it. Thanks for all the fast answers and I know where to come next time I have a question.

Josh

[MYSTICGAL]

This is an interesting thread. May I add something to this?
I live in PA. Were we have homestead laws, anyway, I was told by the police and a judge that if someone is on my property and I ask them to leave and they don't, I can use deadly force if I have to and it is not agisnt the law. Is this true? They told me that if I ask them to leave my property, and they don't, that I can leagley shoot them and it does not matter were on my property they are (not just the house) but any place on my property.

Are there any PA cops here that can conferm or deinie this for me?
Thank you

[cecilVA]

Are there any PA cops here that can conferm or deinie this for me?

mcsap! I think you were just paged ;)

[Scoop]

so the situation doesnt have to be life threatening if the person breaks INTO your house, say I heard a window break,ran downstairs and found a burglar not noing if he is armed and I shoot him. What would happen? obviously if he had a gun pointed at me I could shoot him, but since its dark and I have no idea...

Three welcome words in my book: Michigan and Castle Doctrine.

[darrell]

You just have to proove you were in fear of your life and or families life at the time. Which isn't hard.

[corporal716]

I live in PA. Were we have homestead laws, anyway, I was told by the police and a judge that if someone is on my property and I ask them to leave and they don't, I can use deadly force if I have to and it is not agisnt the law.

I'm not from PA, but as you say in your post a Judge and the Police said it was ok then why ask the question? Judge's normaly know the law.

Anyway, if it is true, I like that law.

[tenfour]

What if you shot them with a co2 pellet handgun, lol. I know it sounds stupid,but if someone was breaking into your house and you shot them with a pellet gun what is the stance on that? Obviously its not going to kill them, well its possible but not likely, but it would sting like a mother.