QUESTION
Can you shoot someone who breaks in to your house if you are in hidden in a safe room?
Asked on Nov 12th, 2013 on Criminal Law - California
More details to this question:
I have made kind-of a Safe Room in my house for my wife. It's not solid. It's just a closet where I made the door bolted, a camera so she can see outside the door in the bedroom. An alarm panic button and a gun. We go to take a gun class and the teacher told her to seek legal advice. He told me if the court considers her safe, and she shoots through the door at someone trying to get in to her, then she can be held liable for his death. Is this true? If a man breaks into my house, I can't shoot him if I am locked in a closet? Which by the way I'm sure he can kick it down given a little time. Please help, wife doesn't want to protect herself now.
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would want to take about the details but generally a home invader has placed themselves at risk of any and all defensive actions.
Answered on Nov 15th, 2013 at 1:07 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You cannot shoot someone simply because they are trespassing in your house. They would have to be threatening harm to you that would require lethal force or quasi lethal force to stop or prevent. It's factually driven and a case by case basis. Do not shoot someone simply because they come into your house.
Answered on Nov 15th, 2013 at 1:04 PM
A person in a situation where a reasonable person would believe that their life is in danger may use deadly force in self-defense.
Answered on Nov 15th, 2013 at 8:09 AM