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So basically, alot (around 20 in 1 week) of robberies have occurred in my area, and i would like someone to help clarify a few things for me.
So, in a non-real, made-up situation:
The robber thinks the house is empty, he hops the gate, tapes the windows, breaks the glass, and comes in the house without me realizing.
he tears apart the rooms, and when he gets into mine, i have a gun/knife/bat/(insert deadly weapon) in hand
if i hurt him in any way, its pretty obvious that he can sue my butt for god knows how much money
but what arguements can be made if he WERE to sue me?
i can only think of:
a) injured on his property
b) assault
and what arguements can be made if i were to defend?

now after these questions, factor in the possibility that he is armed with a knife.
the situation and arguements are now different. can someone answer the 2 questions again?

thanks fellow basilers.

EDIT: i live in cali, so CA laws
EDIT 2: use sources please, i dont wanna get sued ._.

May 13, 2012

13 Comments • Newest first

caryofilles

@ultracheese: Yea, I couldn't really contribute to the OP in any way so I posted that. He probably has enough info from the others by now anyways.

Reply May 13, 2012
ultracheese

198.5. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. [url=http://law.justia.com/codes/california/2005/pen/187-199.html#198.5]Source[/url]

Sounds like you can use deadly force against pretty much any intruder in California.

[quote=caryofilles]I was told a story by my business teacher that her friend's house was broken into and the intruder fell and broke his arm climbing in through the window then sued and won. So yea, the intruder could sue, but remember, dead men don't talk. Though if he/she has family they could still sue.[/quote]

I don't think someone else's anecdote was the type of source OP had in mind.

Reply May 13, 2012
caryofilles

I was told a story by my business teacher that her friend's house was broken into and the intruder fell and broke his arm climbing in through the window then sued and won. So yea, the intruder could sue, but remember, dead men don't talk. Though if he/she has family they could still sue.

Reply May 13, 2012
timmybitty

I'm pretty sure you have the right to defend yourself.

Reply May 13, 2012
Luapxal344

[quote=JJLuvsYa]In Texas you can attack trespassers[/quote] aint it sweet. There have been a lot of robberies around my neighborhood. We know what to do. Not to shoot to kill instead to capture and turn in.

Reply May 13, 2012
Momo123

just kill em. Throw his body in the dumpster or lake. You wanna get hurt or get your things stolen and all of your parents stuff stolen too?
Don't call police and make sure no one knows except the person living in the house knows about this.

Reply May 13, 2012
NonSonoFronz

If you lived in Louisiana, you could have killed him.
They go by the Napoleonic Code down there.

Reply May 13, 2012
Momijii

He's trespassing, or rather, breaking and entering. Also, given the circumstances, you have the right to defend yourself. If you don't know the person at all (and neither do your parents), the perp has no case. Your family would also be able to make a damage to property case.

Also, I'd like to point out that your (a) doesn't make any sense since it's your property. Your (b) doesn't make any sense either since assault is a criminal offense, not a civil offense.

Reply May 13, 2012 - edited
darksuitguy

If you have better lawyers than he does, you can sue him for causing "emotional distress".

Reply May 13, 2012 - edited
Fiercerain

@Darkshine: Hmm, if an 'assailant' 'assaults' you, you'd better need some witnesses. Do you live in a neighborhood with an established plan to counteract criminal activity?

Reply May 13, 2012 - edited
Fiercerain

Based on our wonderful legal system, you might have to let him possibly injure you, unless you're on the phone with some sort of emergency response team and you're shouting out in detail what you will do.

Edit: This depends on state law and district laws.

Reply May 13, 2012 - edited
Darkshine

California btw

Reply May 13, 2012 - edited