Private Property Questions

[warofthemind]

I just want to know from a police perpective what they think is acceptable behavior when someone comes on to your private property. I had someone come on to my property awhile ago and I wanted to go out and at least scare them off or something but I was worried that the he would say that I was trying to hurt him or something. What happens if someone is coming on to my protperty threatening to hurt my family and I accidentally kill him trying to get him off. Would I go to jail for murder or would that be self defense. I am just not really clear on the subject and thought that if anyone knew the real law it would be those in law enforcement. Thanks everyone for your replies.

[KatieMH21]

I am just not really clear on the subject and thought that if anyone knew the real law it would be those in law enforcement.

I am not real clear on your question. You need to be a bit more detailed to get good responses. Who is this person that’s coming on your property? And what property is it? House, land, business? Most things that law enforcement officers do and all decisions we make are circumstantial. You need to be a bit more explanatory on your circumstances.

[TPDHellhound]

What happens if someone is coming on to my protperty threatening to hurt my family and I accidentally kill him trying to get him off. Would I go to jail for murder or would that be self defense.

First of all, you're not confronting him out of self-defense, you're trying to scare him off. Secondly, if you shoot at him to scare him and inadvertently strike him, it's not an accident. You just have bad aim.

The readers digest version of a complicated question is you have the right to protect yourself and your property using reasonable force against an intruder who is using physical violence, or a threat of physical violence against you or a third party. The reason the verbiage is so vague is because every scenario is different, making it impossible to give a blanket answer.

If the person is simply threatening you, he's breaking the law but he has not done anything other than attack you with words. If he's coming after you, then you have the right to defend yourself. But that doesn't give you a green light to shoot him unless he's coming after you with deadly force. There are so many variables I would recommend that you call the police.

[warofthemind]

The guy that was on my property i believe was a burglar. He was snooping around and looking in my house, cars, etc. I call ed the police but just wanted to know what I could do legally.

[Super Six 5]

You just answered your own question. Call the police. They'll handle the tresspassing situation.

[chris2001]

Simply what it all comes down to is you can only use deadly force if there is deadly force being used on you. To break that down, if the burglar comes in and is taking things from your house. And when you come out of your room he walks at you with a knife that would be a situation where you can use deadly force. If the bad guy is just walking at you with his fists up and saying he is gonna kick your butt, then no you can not shoot him with your gun. Also as the others have stated you can only use enough force to stop the threat. Once the threat has stopped you have to stop using force.

[codered]

I smell 'troll.'

[7mmMag]

I smell 'troll.'

Now, Now, thats not the way the new, kindler, gentler RP is supposed to be. Come now, everyone is welcome, and thats double for trolls.




*note* This is sarcasm. :p

[TX-LEO]

I smell 'troll.'

.


+1

[Deputy757]

If the bad guy is just walking at you with his fists up and saying he is gonna kick your butt, then no you can not shoot him with your gun.

As mentioned before, this is entirely circumstantial. In some jurisdictions, in the situation described above, you have every right to shoot the burglar. Again, depending on where you are, you have no duty to retreat in your own home. Also, I'm not going to hang my hat on the idea that I can probably take the guy in a fight. If I don't, then he's got free reign against my entire family. I'm not one to encourage vigilante justice, but I'm also not going to give citizens the idea that they need to use restraint if confronted by a criminal in their own home.
Obviously, the situation of someone looking in your cars and snooping around your property is totally different. Call the police and keep them updated on what is happening.

[Valor55]

If you accidentally kill someone you will be charged with negligent or involuntary manslaughter or its equivalent in your state.

If you are defending your life, or the lives of your family against an attacker and deadly force is justified you may still be charged but you will likely be found not guilty (again, if it was justified.)

[txinvestigator1]

Use of force laws vary from state to state. The original poster, if really interested, should seek out a UOF instructor in his state.

[retdetsgt]

In some states you can use deadly force to protect property, my state is not one. We've sent people to prison for killing someone trying to steal their car or other property, but were no threat to the owner. You need to check your particular state law regarding that.

[Mid_Ohio_Po]

The guy that was on my property i believe was a burglar. He was snooping around and looking in my house, cars, etc. I call ed the police but just wanted to know what I could do legally.

You already did it. And if you're TRYING to scare someone, there's no such thing as "accidentally" killing them.

[TX-LEO]

Thanks everyone for your replies.

So where do ya live !??