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Well, here we are. Your castle is intruded. What c
WHAT HAPPENS IF I SHOOT A BURGLAR?
Legal Opinion by Leo Himmelsbach- District Attorney, Santa Clara
County (for the Neighborhood Guardian)
What happens if I shoot a burglar? Depending on the
circumstances the shooting may or may not be justified. If it is
not, you may find yourself facing charges of murder; or if the
shooting is non-fatal, of assault with a deadly weapon.
Within the past two years in this county, a young man was
convicted of manslaughter because he elected to shoot a fleeing
burglar who had entered a closed business premises at night,
but who fled on being discovered.
The courts of this state have held that deadly force may be
used only when a burglary if " forcible and atrocious", one which
reasonable creates a fear of death or great bodily harm.
Second degree burglary, (entry of a dwelling while unarmed
in the daytime or entry of a commercial building in the daytime
or nighttime) in and of itself does not constitute a dangerous
and atrocious felony. To be classified as a dangerous and
atrocious felony, the circumstances must be such that a
reasonable man would believe his life or that of his family or
guests is in imminent danger of death or great bodily harm. It is
the reasonable apprehension of death or great bodily harm, not
the burglary itself that may justify shooting the suspect.
Once the suspect is fleeing, even with your stolen property,
shooting him is not justified. Call the police.
An example may be helpful. On returning home in mid-
afternoon to a supposedly empty house, you discover a stranger
disconnecting your stereo set. He flees for an exit. You cannot
shoot him. However, if he is armed with a gun, drawn knife or
other deadly weapon, and appears ready to use the same, you may
shoot. The fact of committing a burglary while armed would
ordinarily constitute a dangerous and atrocious felony creating
in you a reasonable fear of great bodily harm.
Entry of a dwelling in the nighttime, whether or not armed,
if first degree burglary, yet in and of itself does not justify
the use of deadly force. However, because of the stealth involved
and the fact that the occupants are likely to be home, and often
in bed, the very circumstances would suggest a reasonable
apprehension of death or great bodily harm. In a darkened room,
you are not required to ascertain that the burglar is armed
before you shoot.
In summary, where the character and the manner of the
burglary does not reasonable create a fear of great bodily harm,
there is no cause for the extraction of human life or for the use
of deadly force. Shoot only if you reasonably believe your life
or that of other occupants of your household are in great danger;
otherwise, call the police.
In summary-2, It appears that we really don't want to do
anything that will interfere with the intruders activities since we
can be charged with murder or be sued by the intruder for hampering
his activities. Two more strikes of (anykind!!) and you'd be OUT!!!
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