Oblivion DC":105a6 said:
Odin":105a6 said:
Oblivion DC":105a6 said:
Yay but you know whats even dumber than that, if you would have defended your house from a robbery it would have been illegal and they would have thrown your ass in jail for "taking the law into your own hands" and then the bugeralar would sue you after that.
Total horse shit.
Not "total" horse shit. There are still some jurisdictions that will fuck you for not withdrawing as far as possible before engaging but, by and large, the trend seems to be going towards "no obligation to retreat" in most places in the US. I
don't know of any jurisdictions where you can shoot someone in order to protect your property though, and if that's the statement you make to justify a shooting - well good luck in court.
Welcome to the State of Texas, where using deadly force to prevent misdemeanor theft or misdemeanor criminal mischief at night is defense to prosecution.
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
Oblivion DC":105a6 said:
As far as suing you for harm to the invader, that's a civil court thing, not criminal. Anyone can sue you for any reason. It may not hold up in court but it'll cost you a bundle to defend yourself.
Yes, anyone can sue anyone for anything. But dead burglars rarely sue anyone.
Oblivion DC":105a6 said:
I hear it's lots worse in other countries, like England. The police there will arrest you for defending yourself and the courts will jail or fine you or both. No idea where Boogie444 is from though, so I couldn't tell you what his experience may have been.
My comments are only applicable to free citizens of the US, subjects in other countries will be governed under different statutes.