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Finally, the third question. The law regarding self-defense is going to vary from state to state, but generally speaking, deadly force may not be used in defense of property property can be replaced, lives cannot , and the use of deadly force must be in response to reasonable fear of serious, imminent bodily harm to oneself or others.
See expanded self-defense laws. Furthermore, there is also a distinction between "stand your ground" and "duty to retreat" jurisdictions; in the former category nearly half of all states , an individual does not have to attempt to retreat before responding with deadly force where self-defense is justifiable.
In a minority of states, the use of deadly force in self-defense is only permitted if an individual cannot safely avoid the risk of harm or death, such as by running away.
And finally, there are a handful of states that are in between, imposing a duty of retreat in only certain circumstances. But as a general matter, the key terms regarding self-defense are proportionality and reasonableness: For example, if a trespasser enters your property and is brandishing a shotgun, then yes, responding with deadly force may be justified depending on jurisdiction: If someone walks onto your driveway and attempts to take your car at knife point or kidnap your child, the use of deadly force may also be justified; again, there are serious weapons and serious risks presented.
This answer is not a substitute for professional legal advice. This answer does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.
In most areas, you have no obligation to flee your home if you are being attacked within it, even if your attacker is outside, and have every right to shoot back.
Just be sure to call on your way to fetch your gun. Answered Nov 4, The sign is a form of freedom of speech, but can be associated with the "Castle Doctrine" law that derives from English Common law for legal backing.
Again it varies state to state, all depending on their different incorporation of a Castle Doctrine. I have lived in Arizona which has a strong Castle Doctrine, a "stand your ground" law, and is an open carry state even recently concealed carry weapons are now legal even without a Conceled Carry Permit.
It also provides that this same deadly force can be used to defend against an illegal intrusion into the home that may lead to a violent attack.
In Arizona, the doctrine extends to your vehicle as well, if an attempt is being made to remove you from your vehicle by force.
In general, the following conditions must apply if the Castle Doctrine is to be used in claiming justifiable homicide: The intruder must be attempting to or have made unlawful and forcible entry into an occupied home, business or vehicle.
The occupants must have a reasonable belief that the intruder is entering with the intention of committing a felony crime such as burglary.
The occupants must have a reasonable belief that they are in danger of serious injury or death at the hands of the intruder. The occupants must be innocent of any provocation and cannot have instigated the intrusion or initiated the event by a threat of deadly force.
Some states have stronger laws supporting a Castle Doctrine, while others have weaker ones. Arizona has a strong Castle Law and follows the conditions above in applying their law.
A few states have no Castle Doctrine. He shot and killed the intruder with his conceled weapon. While he did have a sign "trespassures will be shot", I did hear the burgler was also armed.
He was back in class the next morning. So in Arizona, you can legally shoot an intruder that exhibits a threat to your safety based on the protection of this law while displaying a "Trespassures Will Be Shot" sign.
Quora User , Law Student. Trespassing is an early topic in law school. Trespassing is both a tort and a crime, however as a tort one of its elements is damage and as a crime it must include the element of intent.
I also argue that a sign threatening deadly force posted by an owner on its property has a powerful legal effect if it demonstrates criminal intent by either party in a violent encounter.
If I were prosecuting a homeowner who shot a trespasser, I would surely argue that a sign threatening to shoot trespassers demonstrates premeditation.
On the other hand, if I defend the homeowner I will argue that a trespasser who ignores such a warning can reasonably be presumed to present a threat.
Last, on the subject of the castle doctrine. It is not accurate to say that it only permits the use of deadly force without retreat if the use of deadly force is otherwise justified.
In fact, the castle doctrine supplies a presumption of one of the elements of justifiable deadly force: Answered Mar 5, It is legal to have a Trespassers Will Be Shot sign.
It is not legal to actually shoot someone because he simply wanders onto your property. The first is speech and it is protected in the US.
The second is action, which, without necessity, is illegal. However, they are more or less a warning that the person will take law into their own hands and shoot you if you trespass.
I guess he learned the hard way. The person already committed a crime by invading in your personal property. You have the right to bare arms and protect your land - so says the law and Constitution.
Think about situations when someone might accidently wander onto a large piece of property without clear boundaries. What about a drunk or homeless guy sneaking into a building to escape the cold?
I just read the article that guy posted. Those people are being charged with 2nd degree murder, so my point still stands!
Sure the sign is legal, but in most states, it is illegal to shoot a person if they come onto land. However, if a person breaks into a house, then it is legal.
There was a case where someone broke into a barn, the farmer saw it and shot him, the person who was breaking in did not die. However, the farmer was charged and convicted with attempted murder, and assault with a deadly weapon.
On appeal, the verdict was upheld. For the best answers, search on this site https: Related Questions So let me get this straight: Is it legal to put up a sign that says trespassers will be shot?
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