QUESTION

How much trouble can my family get into for protecting me and my company if the invader was seriously injured or even dies?

Asked on Jan 03rd, 2013 on Criminal Law - Louisiana
More details to this question:
On new yearโ€™s day around 4am my sonโ€™s father kicked in my front door then attacked myself & my friends 17 yr old son in front of some of my male family members who forcefully stopped him & physically removed him from my home. My sonโ€™s father was roughed up quite a bit but cops said he was going to jail for home invasion Iโ€™ve checked many times to see if he went to jail but it says they donโ€™t have him.
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7 ANSWERS

Michael J. Breczinski
They were protecting you and that is a claim that is just like self defense. As long as the force is reasonable under the circumstances then it is a complete defense.
Answered on Jan 11th, 2013 at 1:17 PM

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Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
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Don't speculate.? Once a person is charged with something then contact a criminal defense attorney and deal with what a person get charged with.? No need to worry about WHAT IF. ? ?
Answered on Jan 10th, 2013 at 10:07 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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I don't think your family members have to worry about getting into trouble. If the police believed that they committed a crime, they would have been arrested at the same time the father was arrested.
Answered on Jan 10th, 2013 at 9:55 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If he was assaulted in your home, and it was self defense or defense of others. Having said that, if your family and friends went beyond what was necessary to render him harmless, and decided to use this as an excuse to simply beat him silly, and even kill him, thenm the question becomes, was the force used against this person more than was reasonably necessary. If that is the case, then they could be in trouble.
Answered on Jan 10th, 2013 at 9:47 PM

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It appears that you acted in self defense and defense of others. If so, this would be a complete defense to your actions.
Answered on Jan 10th, 2013 at 9:38 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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I don't think you or your family are in any trouble at all, on the facts you have given stated. I don't know if you are concerned about whether or not he survived the incident; that might be something to speak to a lawyer about. A homeowner is entitled to use reasonable force to protect his/her property, and to act in self defense. If your son was the subject of an attack during the course of a burglary (breaking into your residence), and there was a reasonable probability that he could suffer serious bodily injury or death, then you would be entitled to use sufficient force to repel the invasion, and the attack. Again, I do no think you have anything to worry about under these facts.
Answered on Jan 10th, 2013 at 9:18 PM

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Divorce & Separation Attorney serving Baton Rouge, LA at George E. Downing, Jr. Attorney at Law
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Based on your facts I do not foresee any criminal trouble for your guests for protecting and defending persons from assault.
Answered on Jan 10th, 2013 at 9:10 PM

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