home robbery - hypothetical

[aznboi87]

Hypothetical situation: If someone breaks into my house, starts to steal laptop and cell phones and tv, am I legally allow to shoot him?
He does not have a weapon nor say anything to me verbally but just decide to start taking things
So if he's not posing a immimnet threat to me and my family, that means I should just let him take everything and cannot defend agains the active crime activity going on?

 

[swinokur]

No

 

[Doctor_M]

Cannot defend your property with deadly force... only if you fear for your life.

 

[Huckleberry]

Your word versus the Criminal's?

Dead Men Tell No Tales

He was armed when you shot him, He had the Big Butcher Knife from your kitchen

 

[Blaster229]

He is committing a felony in your Castle. Yes.

 

[Bountied]

I'd think you could hold them at gunpoint until the cops arrive. I don't think you have to do nothing. Why all these questions about who you are allowed to kill? This is your second post about situations when you may or may not be allowed to shoot someone. Are we plotting something?

 

[N3uka]

Blast him with bear spray

 

[Bountied]

He is committing a felony in your Castle. Yes.

What value of property reaches felony status? Is it just $500 or is it more? Any iPhone is an instant felony basically if it's $500.

 

[TI-tick]

Hypothetical's ...

 

[Blaster229]

What value of property reaches felony status? Is it just $500 or is it more? Any iPhone is an instant felony basically if it's $500.

Meh. I dunno. I don't care. I am just throwing some sort of answer out to someone who is asking the interwebz for an answer. Could be right, could be wrong. Let the pieces fall where they may lol

 

[MaxVO2]

Hypothetical situation: If someone breaks into my house, starts to steal laptop and cell phones and tv, am I legally allow to shoot him?
He does not have a weapon nor say anything to me verbally but just decide to start taking things
So if he's not posing a immimnet threat to me and my family, that means I should just let him take everything and cannot defend agains the active crime activity going on?

***No. The criminal, or his estate, if you kill or injure them, will probably end up owning your home, and bankrupting you unless the means, opportunity, and intent continuum are satisfied. You can't defend your property with deadly force.

I guess one can say whatever if the perp is dead, but a decent investigator will most likely be able to piece together what most likely transpired and anything that does NOT corroborate or match up with what you say happened - will most likely be used against you and you'll lose, or be more likely to lose your case... This is especially true in MoCo where criminals seemingly have more rights than victims, and are often shown leniency by very liberal judges, etc...

 

[Mister F]

Just restrain the individual and call police. You shouldn’t “want” to use more force than needed either.
Part of the responsibility of having deadly force at your disposal is also the desire to not have to use it.
Now an appeal to your pocketbook….a gunshot would and you’re going to be hiring a lawyer. Period. Especially if you’re innocent of a crime you’ll want one.

Restrain the perp and call police….you’re out no money and no mess


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[rbird7282]

Meh. I dunno. I don't care. I am just throwing some sort of answer out to someone who is asking the interwebz for an answer. Could be right, could be wrong. Let the pieces fall where they may lol

Fair enough


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[Ellis Gordon]

“You may be interested to know that in 2010 Maryland expanded the Castle Doctrine to include immunity from civil lawsuits if the person reasonably believes that force or deadly force is necessary to repel an attack by the individual (in the home). 2010 Maryland Code COURTS AND JUDICIAL PROCEEDINGS TITLE 5 - LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES Subtitle 8 - Immunities and Prohibited Actions - Miscellaneous Section 5-808 - Civil immunity for defense of dwelling or place of business. § 5-808 Civil immunity for defense of dwelling or place of business. (a) Person.- In this section, "person" does not include a governmental entity. (b) Civil immunity.- A person is not liable for damages for a personal injury or death of an individual who enters the person's dwelling or place of business if: (1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and (2) The amount and nature of the force used by the person is reasonable under the circumstances. (c) Exception.- Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14-101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section. (d) Costs and attorney's fees.- The court may award costs and reasonable attorney's fees to a defendant who prevails in a defense under this section. (e) Other provisions not limited or abrogated.- This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law. [2010, ch. 555.]​

Maryland follows several common law principles relating to self defense, which include: Duty to Retreat - In situations that take place outside of a person's home the individual defending themselves has the duty to retreat, unless doing so is unsafe or impossible. The Castle Doctrine - In a person's home they do not need to retreat, but can stand their ground and attempt to defeat or deter the invader. However, the use of force here must still be reasonable. The Castle Doctrine laws are designed to effectively answer the question under the common law and establish that any intruder can be treated as a threat to life — warranting the use of lethal force. Maryland does not have a specific Castle Doctrine statute. It is rather a common law doctrine supported by case decisions and a standard jury instruction. There is a law requiring retreat in self-defense outside of the home. However, the standard “castle doctrine” instruction makes clear “that a person in his own home has no duty to retreat before using reasonable force against his attacker.” The rule is [p]remised on the common law principle that a man’s home is his castle, indeed his ultimate sanctuary, [and] permits a person who is without fault and is attacked within his dwelling or its curtilage, to stand his ground and defend himself, even if retreat could be safely accomplished. Gainer v. State, 40 Md. App. 382, 388, 391 A.2d 856 (1978)”

 

[smokey]

I find it absolutely reprehensible that the criminal broke in and then took a kitchen knife from the block on the counter. Thankfully you were able to stop the threat the criminal posed.

 

[outrider58]

Hypothetical situation: If someone breaks into my house, starts to steal laptop and cell phones and tv, am I legally allow to shoot him?
He does not have a weapon nor say anything to me verbally but just decide to start taking things
So if he's not posing a immimnet threat to me and my family, that means I should just let him take everything and cannot defend agains the active crime activity going on?

If he's your father-in-law, it wouldn't look too good...

 

[FN509Fan]

I find it absolutely reprehensible that the criminal broke in and then took a kitchen knife from the block on the counter. Thankfully you were able to stop the threat the criminal posed.

If the perp is not wearing gloves, make note of whether the perp is right or left handed before you shoot. Then remember the perp's prints will need to be all over the knife. Not just a couple of clean prints, but multiple partials all over the blade and handle.

 

[Bountied]

If the perp is not wearing gloves, make note of whether the perp is right or left handed before you shoot. Then remember the perp's prints will need to be all over the knife. Not just a couple of clean prints, but multiple partials all over the blade and handle.

You should probably stab yourself with the mentioned knife a little bit too, that way it looks even more realistic.

 

[Brychan]

Since I don't want to use deadly force unless I have no choice, I would tell him to put my property down and get out. If he complies I will call the police, give them footage from my home security cameras, and let them deal with it. If they decide they don't want to leave, then I will deal with it to the best of my abilities. I don't play a cop on TV, and definitely not in real life.

 

[Harrys]

I would shoot first and damn he had a knife in his had that did not match anything in my house. I know you were think it.