Is This Legal?

[DasLeben]

[ QUOTE ]
what if a guy much bigger than you breaks into your house, tears down your door, rips the phones out of the walls and just starts packing up his truck with your television and [censored] but never says anything to you nor threatens you. how the hell are you supposed to defend your [censored]? you cant shoot the guy?

[/ QUOTE ]

You can shoot him. You can use deadly force to stop burglary of your home in this state.

There are special crimes that you can stop with deadly force. Burglary, aggravated assault, rape, armed robbery, and child molestation to name a few.

[mmcd]

It is in Texas:

Deadly Force to Protect Property

"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"

[Popinjay]

Perhaps the better question is, if you shoot him and then leave, is anyone going to know it was you?

[Mr. Zero]

[ QUOTE ]
You can shoot him. You can use deadly force to stop burglary of your home in this state.

[/ QUOTE ]

I'd be very surprised if this is the case. If it is, it's in the VAST minority. Most places prohibted deadly force to protect property alone - even inside the home.

[DasLeben]

[ QUOTE ]
Perhaps the better question is, if you shoot him and then leave, is anyone going to know it was you?

[/ QUOTE ]

They can match the bullet and ballistic characteristics to figure out what kind of gun that was used. From there, they just do some detective work. For example, if someone was shot in this area with a Springfield XD9 subcompact, I'd be questioned since I own one.

[DasLeben]

[ QUOTE ]
[ QUOTE ]
You can shoot him. You can use deadly force to stop burglary of your home in this state.

[/ QUOTE ]

I'd be very surprised if this is the case. If it is, it's in the VAST minority. Most places prohibted deadly force to protect property alone - even inside the home.

[/ QUOTE ]

"Prevent special crimes - A.R.S. § 13-411
a. You may threaten or use both physical force and deadly
physical force against another to the extent you reasonably
believe that such force is immediately necessary to
prevent the other's commission of arson of an occupied
structure [of your home],
burglary in the second or first
degree [of your home],
kidnapping, manslaughter,
second or first degree murder, sexual conduct with a
minor, sexual assault, child molestation, armed robbery,
or aggravated assault. You will be presumed to be
acting reasonably if you are acting to prevent the
commission of any of the foregoing offenses. You have no
duty to retreat before threatening or using deadly physical
force to prevent these special crimes (A.R.S. § 13-411)."

[Brainwalter]

[ QUOTE ]
[ QUOTE ]
Perhaps the better question is, if you shoot him and then leave, is anyone going to know it was you?

[/ QUOTE ]

They can match the bullet and ballistic characteristics to figure out what kind of gun that was used. From there, they just do some detective work. For example, if someone was shot in this area with a Springfield XD9 subcompact, I'd be questioned since I own one.

[/ QUOTE ]

Do they know that?

[OtisTheMarsupial]

Not a lawyer yet. Haven't looked at other posts.

Unless he is going towards your home or your family, this is probably illegal in al the scenarios you gave. It's not self-defense when he is leaving and he no longer poses a threat to you or your family or your property.

Certainly illegal if you go to the car and get a shotgun.

[DasLeben]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Perhaps the better question is, if you shoot him and then leave, is anyone going to know it was you?

[/ QUOTE ]

They can match the bullet and ballistic characteristics to figure out what kind of gun that was used. From there, they just do some detective work. For example, if someone was shot in this area with a Springfield XD9 subcompact, I'd be questioned since I own one.

[/ QUOTE ]

Do they know that?

[/ QUOTE ]

Yes, it's registered.

[RacersEdge]

It almost has to be the case even though I would have no sympathy for the thief. There has to be some sense of "immediate danger", otherwise, where do you draw the line? I mean, what if he robs you, and you see him a cople hours later walking in the street - can you still shoot him?