QUESTION

Am I going to be in trouble with law if I killed someone who broke into our house and beat someone who lives in there?

Asked on Jan 05th, 2014 on Litigation - Georgia
More details to this question:
These two men came in and dragged me out of my bed at 3AM. I left my door unlocked by mistake and was looking for my roommate cause he slept with one of the guys sisters and was a big gang member, I guess. My roommate went and hid in the bathroom before they got up stairs in my home he must of heard them coming so they told him to come out of the bathroom or they were gonna hurt me. I'm a girl and he's a guy. They were beating my friend bad but I was standing behind them while they were kicking an punching my roommate. I had a knife can I stab or kill them with out getting in trouble the next time it might happen?
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5 ANSWERS

John J. Carney
If you are attacked in your home you can kill the burglar and you do not have to retreat or even be attacked. The minute they break in you can kill them. You cannot use a gun if that is a crime to possess it but you can use any other weapon. You do not have to retreat from your own home. You can also kill them to prevent an assault on another if it is a serious injury situation. It is better to run away if possible because several men will overpower you even if you stab them and a woman cannot usually fight off a man even with a weapon.
Answered on Jan 09th, 2014 at 9:26 PM

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Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
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A person can lawfully repel an attack, by using reasonable force under the circumstances. You may also use reasonable force to protect another innocent person against attack. What is reasonable? That is up to the police first, then the prosecutor, then the judge, then the jury. A deadly attack may be repelled by deadly force, if it was reasonably necessary under the circumstances. Beating someone up is unlike to result in death, hence, in most cases it would not be reasonable for you to use deadly force to stop a beating by fist. However, a case held it was reasonable for a woman to kill a man who was raping her. There are no simple answers here. Since the attack is over, you should report the illegal conduct to the police.
Answered on Jan 08th, 2014 at 9:52 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You have a right to protect yourself, your roommate and your property with reasonable and force. For more details seek counsel. It is not all that simple.
Answered on Jan 08th, 2014 at 9:52 PM

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If you are in fear for your life or the lift of another, you may use the force necessary to protect you or the other. The level of fear must be the same as a normal person would feel if in a like situation. Because they were in your home and attacking your roommate, it is reasonable to use a knife to protect yourself or your roommate.
Answered on Jan 08th, 2014 at 9:50 PM

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Michael J. Breczinski
You can use deadly force when it is reasonable. That is in order to defend your self or others from death or serious bodily injury.
Answered on Jan 08th, 2014 at 9:50 PM

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