Depends on the situation. If somebody is walking across your lawn, no. If someone is a threat to your safety or the safety of another person, then yes, and claim self defense in court.
Use of Deadly Force in DefenseThough I'm sure the majority of people would not take any pleasure in killing another human being to defend themselves or their property, I definitely believe that using deadly force should be a choice they can make without repercussion. ---Can the government use deadly force to protect their personal and government property? The government in the United States is made up of ... the people...
This varies from Sate to State in the U.S.Generally, if you have a reasonable belief that life or property (yours or another's) is in imminent danger, you are allowed to use the MINIMUM level of force required to defend that life or property. If you are actually being attacked with a deadly weapon, then deadly force is almost always justified. Just because a person HAS a weapon does not always mean you were threatened by it (such as when a person is legally carrying a gun).Because this is the Internet, it is probably worth mentioning that no, you cannot use this argument when the police show up. Only a Judge, not a private citizen, can decide that they were trespassing.
It depends on the state. A very basic rundown is: in some states, a homeowner can use deadly force once an intruder has entered the dwelling. In some states, a homeowner can use deadly force before the intruder is in the house as long as they suppose a threat and are on the property. In some states, the homeowner cannot use deadly force unless the intruder has a weapon.
The person who says that it does not is wrong. It is true that you would not be allowed to shoot a person who is running away from your property, because at that point it is no longer necessary to defend your property. You are, however, allowed to use lethal force to defend your property, and any person who has broken in can automatically be assumed to be dangerous.
Not for simply being on your property, no. A certain set of conditions have to exist before the use of lethal force is authorised. Lethal force may not be used to defend yourself if you were the one who provoked the confrontation. It may not be used to defend against simple assault. There must be an imminent threat of death, maiming injury, or rape. You also have a duty to retreat from a situation of using lethal force if possible to do so. I don't know if Maryland has a castle law or not, but, even if they do, it only removes your duty to retreat when you're actually inside your home or personal vehicle - it doesn't apply to the property outside of your home.
Nondeadly force can be used to repel either a nondeadly attack or a deadly attack. Deadly Force may be used to fend off an attacker who is using deadly force but may not be used to repel an attacker who is not using deadly force.
What is Virginia's Code Section on Use of Deadly Force?
Actually no, you have the right to self defence, and may use lethal force to defend yourself or another person; but lethal force is not permitted to protect your property alone.
You have the right to use lethal force to defend yourself and other people, but not property alone. If you find trespassers on your property you can detain them and order them off your property; however simply shooting a trespasser without warning when they are not threatening anyone is murder.
Deadly force generally refers to any degree of force that would normally cause death or serious bodily injury.
you cant shoot anyone anywhere.Another View: In Florida you may lawfully use deadly force, BUT ONLY to defend your life. Florida is one of a handful of states in the US that has "no duty to retreat" doctrine written into the state's laws. (i.e.: If you are in, or at, a place that you may lawfully be, and are accosted or trespassed upon and threatened with deadly force you may retaliate in kind.)
R.A.M.PReturn fire with aimed fire. Return force with force. You always have the right to repel hostile acts with necessary force.Anticipate attack. Use force first if, but only if, you see clear indicators of hostile intent.Measure the amount of force that you use, if time and circumstances permit. Use only the amount of force necessary to protect lives and accomplish the mission.Protect with deadly force only human life, and property designated by your commander. Stop short of deadly force when protecting other property.