Car Break In question...

[jmcgonig]

Right or wrong its probably the same rule as if you have a carry permit. You are required to retreat if possible. I would assume legally you need to retreat to your house and call 911. Now if he comes in that's a different story.

 

[Haides]

I believe Maryland has some form of castle doctrine, but it only applies inside your home; not like other states where you can stand your ground anywhere you're legally allowed to be, right?

 

[systemmaster]

Breaking into your car, stealing out of your car - Misdemeanors
Stepping on your property (Trespassing) - Misdemeanor
Unlawfully entering your house - Felony

Respond accordingly to what you are faced with.

That old saying, "An ounce of prevention is worth a pound of cures" comes to mind. LOCK YOUR DOORS, then double check them by pulling on the handle before your go in. Don't keep anything of high value in your care. A few bucks in change or your $25 sunglasses are not worth the headache of getting into something with a criminal in the event they get into your car. Take the time to removed the expensive things from your car (ie. $400 sunglasses, GPSs, laptops, etc.). You paid good money for them, protect them.

If you witness something like this; call the police, advised them it's "in progress" and give them the best possible description and the direction they fled if that occurs. If you are so inclined to confront them, armed or unarmed, DON'T LEAVE YOUR PROPERTY! It benefits you if things go south. Most the time some loud choice words will scare off these criminals. There is a reason they are stealing from you at night and not robbing you at gun point, they are the cowards of the criminal world.

 

[Haides]

Does anybody know if a garage (whether connected to the house or separate) would count as your "house?"

 

[Bohlieve410]

As a cop buddy told me once... make sure the body is on your property when the law gets there.

*the above post is satire, not encouraging anyone to break maryland's pro-criminal socialist laws*

 

[GTOGUNNER]

Rule # 1
Don't talk to the cops.
Rule #2
Jury trial.

#3. IANAL.

Sent from my SCH-I535 using Tapatalk 2

 

[systemmaster]

Does anybody know if a garage (whether connected to the house or separate) would count as your "house?"

Yes and No. A garage connected to the house where the house can be accessed through the garage is considered part of the house, thus constitutes the highest type of burglary. A disconnected garage or connected with no access to the house is considered a storehouse. While still a burglary it is lower than a burglary to the house you live in (a detached garage with an in-laws apartment is considered a house because someone lives there).

 

[Name Taken]

Unlawfully entering your house - Felony

Just to get a bit nit picky...that's not always the case.

There has to be intent to commit theft or a crime of violence for 1st.

3rd would have to be to commit any crime.

Just entering the house, without doing a crime or without having the intent of a crime, is a MISD.

You also left out the "breaking" wording. Entering through an open door for instance.

I realize your point though.

 

[K31]

Just to get a bit nit picky...that's not always the case.

There has to be intent to commit theft or a crime of violence for 1st.

Yeah, so throw down a bag with a big "$" painted on it and a mask.

 

[Name Taken]

Yeah, so throw down a bag with a big "$" painted on it and a mask.

It's really stupid and another case of piss poor laws in MD.

I think society is prepared to declare your house yours. And you expect some form of security and privacy in your home.

But instead of making a blanket law anyone illegally entering the home with force is guilty of a felony they have these "intent" statutes built in.

Well how does a home owner determine the intent of a person illegally in their house? It's hard enough for the police to determine intent.

I think most citizens would agree and expect someone found in their house illegally to be arrested and charged with a felony...regardless of what they were doing in there.

It gets worst when you start looking at trespassing laws. It has to be either posted or the person has to be told to leave/not be on the property. Really...why cant we just say stay off of peoples land.

 

[Haides]

But instead of making a blanket law anyone illegally entering the home with force is guilty of a felony they have these "intent" statutes built in.

Well how does a home owner determine the intent of a person illegally in their house? It's hard enough for the police to determine intent.

So in other words... just make your shot count, right?

 

[Indiana Jones]

Not sure where you live but these are a trend in northern Baltimore county. They are basically wedging the door open and popping the locks. They got me 2 years ago and my alarm didn't even go off. Check for tool marks on the passenger side door frame near the top. A few of the electronics being taken have been recovered at Pawn Shops on 40 and in AA county. In the report be sure to include serial numbers....it's worth a shot.

 

[oupa]

It's really stupid and another case of piss poor laws in MD.

I think society is prepared to declare your house yours. And you expect some form of security and privacy in your home.

But instead of making a blanket law anyone illegally entering the home with force is guilty of a felony they have these "intent" statutes built in.

Well how does a home owner determine the intent of a person illegally in their house? It's hard enough for the police to determine intent.

I think most citizens would agree and expect someone found in their house illegally to be arrested and charged with a felony...regardless of what they were doing in there.

It gets worst when you start looking at trespassing laws. It has to be either posted or the person has to be told to leave/not be on the property. Really...why cant we just say stay off of peoples land.

There are a couple issues with the above. Not that I disagree with what you're saying but there's that little institution called the courts...

In regard to the fault lying with MD's laws... well our statutes are pretty stupid in many cases, not unlike many in most other states BUT, there is something called "the Open Field Doctrine" dating back to common law that pretty well protects someone trespassing without criminal intent. It's what allows the game warden to come onto private property to "check" hunters when there is no probably cause of a violation for instance. This could be a topic all by its self though...

I take exception to the implication that "the police" are better qualified to determine intent than the homeowner!
If someone is in my home uninvited there are two possible scenarios;
#1 - He/she is bewildered for some reason. Maybe intoxicated maybe an Alzheimer patient! Whatever the reason, he's not an OBVIOUS threat to me or my property even if technically breaking the law by trespassing or even burglarizing the property to gain access. I may be a bit un-nerved by his presence but I do not feel threatened by it. He ain't scary!
#2 - He/she knows he's there for a particular illegal reason, be it theft or assault. He reacts to my discovering him in such a way as to make his intent plain.
Such a person is to be dealt with with such force as is reasonable to thwart their actions.
[By the way, even those from scenario 1 can become this way, thus placing them in scenario 2]
It is my home/property. I have every right to be there and to protect it (within reason). The trespasser has the duty to demonstrate that he had some legitiment reason for being there!
Anyone entering your home uninvited and posing a perceived threat - you're scared he's going to harm you or someone else in your home - opens the door to use of force, keeping in mind that a gun is not the only type of "deadly force," as many defending himself, others or his property with (for instance) a bat has found out.

To give some insight into the criminal mindset, in the wee hours this morning, in a medical setting I was privy to a conversation between two thugs discussing another's (thwarted) attempt to rob a pharmacy.
Thug #1 says; He didn't even have a gun man. He just had his hand in his pocket.
Thug #2, Man, that's crazy.
Thug #1, Yeah, what if that guy in the store had a gun and started shooting? Innocent people could get hurt!

This was an actual exchange between two proud criminals. The moral? Criminals do think about armed citizens and fear them.

So in other words... just make your shot count, right?

Now this is a statement I like! Simply put, a wounded criminal is a witness. He will lie through his teeth (assuming you left him with some ) and the court will give his testimony just as much credence as yours.

Someone way up the thread made a comment about these criminals being cowards who will likely flee at the slightest indication they've been discovered. That is VERY TRUE!!! 99% of these guys work by intimidation. As implied by the conversation mentioned above, they fear someone willing to stand up to them. Someone who is not paralyzed by fear of their menacing appearance and actions. Its the same as being confronted by a wild animal. Most of the time all you have to do is look like a threat to them and they retreat - providing there is an avenue for retreat! Street typically thugs are no different. There are exceptions!

 

[zmayhem]

Let's play the what if game. It's June of next year, I hear a loud sound that wakes me up. We now have the right to carry, and I have my CCW permit. I come outside with my concealed weapon on me to confront two people who have broken a window and are rooting through my vehicle. Obviously if they run off, I don't pull out the gun at all or mention that I have one. Suppose they don't run though, what are my rights then? Suppose they both rush me or start to move towards me? Am I required by law to retreat into my house and lock the door, running from them essentially after they just vandalized my property so they could steal some of my other property?

 

[oupa]

Let's play the what if game. It's June of next year, I hear a loud sound that wakes me up. We now have the right to carry, and I have my CCW permit. I come outside with my concealed weapon on me to confront two people who have broken a window and are rooting through my vehicle. Obviously if they run off, I don't pull out the gun at all or mention that I have one. Suppose they don't run though, what are my rights then? Suppose they both rush me or start to move towards me? Am I required by law to retreat into my house and lock the door, running from them essentially after they just vandalized my property so they could steal some of my other property?

That is a question for your attorney not an internet message board.

 

[zmayhem]

I'm not looking for rock solid info that I could use in court to defend myself should it happen, just asking what people think or know.

 

[BornAK]

Story about student withs sword.

Original Story

Took prosecutors 4 months to decide not to charge him.

Follow Up

 

[lx1x]

I'm not looking for rock solid info that I could use in court to defend myself should it happen, just asking what people think or know.

Lawyer..

You're not a cop unless you have good case to initiate a fight. Let us know how it goes.

 

[systemmaster]

Just to get a bit nit picky...that's not always the case.

There has to be intent to commit theft or a crime of violence for 1st.

3rd would have to be to commit any crime.

Just entering the house, without doing a crime or without having the intent of a crime, is a MISD.

You also left out the "breaking" wording. Entering through an open door for instance.

I realize your point though.

Yes...but, merely being in a persons house without their permission is considered 4th Degree Burglary. IE. drunk person walks in your open door thinking its there house and passes out.

"Breaking" = Malicious Destruction of Property (a crime in an of itself).

"Breaking" + "Unlawful entry into house" = 3rd Degree Burglary (Felony)

9 times out of 10 police will charge them with everything (including 1st), regards if the intent can be decided at the time of arrest or not. They will let the attorneys figure it out in court. Most of the time the defendant pleas to the lower charge anyway and the felony gets dropped.

That is a question for your attorney not an internet message board.

+1, dangerous ground to play on. If something really does happen, the wrong responses could come back to bite you in the A$#.

 

[i.c.spots]

I recall many years ago, reading an article in a leading car enthusiast magazine that was written by a renowned convicted car thief who was a consultant on how to protect against car theft. The first thing on his list of protective measures against having you car stolen was an attached garage. In his words, an attached garage is considered part of the home. Entering the garage constituted a home invasion and most car thieves understood that meant the homeowner could legally shoot them in defending the castle.