Is it legal to kill someone breaking into your own home?

Answer 1

The main question would depend on what state you live in. For example in Colorado and Oklahoma have the "Make My Day" law. This states that if someone comes into your house unlawfully you have the right to use force to protect yourself. In other states I am unsure of the laws. Here are facts about this law to make it legal. Wilbanks cites the four facts needed in 1990 for the defendant to use the law and creates some unintended consequences from the statute's language: 1. "The defendant was an occupant of the dwelling". "Suppose...several people were at a party and someone made an uninvited entry (party crasher) and threatened assault and 'force no matter how slight'. It would appear that any one of those present...could use deadly force against the intruder even though they were NOT protecting their house...(and) even though the actual homeowner (the host) might have refrained from using force." 2. "The other party made an uninvited entry into the dwelling." That was changed when Justice Erickson, supported by a majority of the court determined in People vs. McNeese that the key word is "unlawful" and not "uninvited". "The statute" writes Erickson "does not require that the entry be both unlawful and uninvited, or that the entry be either unlawful or uninvited. The defendant must establish an unlawful entry..." 3. "The defendant had a reasonable belief that such other person ...is committing or intends to commit a crime against a person or property." In the 23 cases reviewed by Wilbanks, this was not a problem for the defendant, if he can credibly testify as to this "reasonable belief". It is extremely difficult for the prosecution to rebut. 4. "The defendant reasonably believed that such other person might use physical force, no matter how slight against any occupant of the dwelling."

Answer 2

It depends on a couple of things, where you are, and your definition of murder. In some U.S. states, you can use legally deadly force against someone breaking into your home even if the person isn't armed, if you are in the house as it happens. In some states you can't use deadly force if the person isn't armed. However, if someone broke into your home, stole things, then left, you cannot go find them and kill them. That would be considered murder.

Answer 3

Yes you can, but depending on circumstances you would not be allowed to.

For instance, if this person violently attacks you and you do so as an act of self defense I believe it will be pardoned.

But in many countries, it is illegal to do so, even in the above situation.

And you simply are not allowed to stab someone who broke into your house, but has not shown any intention to harm you.

Answer 4

The basic rule is that you can defend yourself if you feel that your life is threatened and there are no other alternatives. Most jurisdictions say that there is no necessity to retreat from your own home. And people are going to feel threatened if someone has invaded their home. It could be prosecuted, but it is not likely to happen. In most cases, setting traps in the house can be a problem.

Answer 5

no

Added: As satisfying as it may seem (or as ievitable as it may become) you are not allowed to use more offensive action against them than sufficient to make them stop the attack. If this is less-than-lethal, then that is what is necessary.

Answer 6

It is not going to be a good thing. If they have not gotten into the house yet, there really is no reason to kill them. If they were stating that they are coming in and are going to kill you, it would be slightly different. The key is would a reasonable person have felt that their life was in danger?

Answer 7

You are never allowed to kill anyone. As far as I know, killing in self defense is the only form of killing which is forgivable by law.

Answer 8

IN most states yes