A robber robs your house at night. What legally happens if you accidently kill him?

[Achilles8]

3am. You wake the up and see a masked man tip-toeing around your room with a gun in his holster. You remain silent and periodically time your breaths so he doesn't hear you. When you see him preoccupied searching through your drawers, you stealthily reach for a knife and sneak up behind him, stabbing him in the jugular... when he's unconscious on the ground bleeding you call the police for help.





Is u on dat jailtime?

[AlliWantisLulz]

I always wondered this

in for answers

[theconomist]

He has a gun as long as you don't disarm him before killing him you are fine in most countries.
Self defence laws are very much in favor of the person being robbed if that person is in their house and the offender is armed.

[iknowbeta]

get his fingerprints on the knife and say it was self defence..

[germanybrah]

You go to jail, OP.
Ofc, legally you have the right to defend yourself, but most judges will ask you, why you stabbed him from behind, instead of just running away, and calling the police. Maybe in America it's not that uptight, but in Germany, you def. go to jail for that.

[Achilles8]

You go to jail, OP.
Ofc, legally you have the right to defend yourself, but most judges will ask you, why you stabbed him from behind, instead of just running away, and calling the police. Maybe in America it's not that uptight, but in Germany, you def. go to jail for that.

Because on running away he could have shot you from behind when he notices. Stabbing him in the neck seems like the only way to immobilize him so that you cannot get hurt. If you stab him anywhere else, chances are he wouldnt even feel it out of adrenaline and shoot you.

[Mr_Aryze]

You go to jail, OP.
Ofc, legally you have the right to defend yourself, but most judges will ask you, why you stabbed him from behind, instead of just running away, and calling the police. Maybe in America it's not that uptight, but in Germany, you def. go to jail for that.

This. They always expect you to do extraordinary things.

[StrongScience62]

depends. is this happening in texas or california? in texas u walk clean. in cali you go to jail.

[Ed_Norton_fan]

You go to jail, OP.
Ofc, legally you have the right to defend yourself, but most judges will ask you, why you stabbed him from behind, instead of just running away, and calling the police. Maybe in America it's not that uptight, but in Germany, you def. go to jail for that.

Running out of your own house?

[milkbrah]

in that situation you would probably be all right, what would happen if he was unarmed would vary on the state/country you were in

[Klomf]

some Oklahoma chick shot and killed someone breaking into her home... no jail time.

[FS2]

In England, if someone comes in your house you can legally stab them. That's why I have a knife next to my draw on both sides of the bed and one under the bed.

I know the layout and weapons around my room.

[ballchinnian]

from criminal my law notes (australia):
elements of self defence under the crimes act:
1. The defendant must believe the self-defending conduct was necessary - s 418(2) [subjective]

- "Accused need not have reasonable grounds for his or her belief that it was necessary to act in the way he or she did in order to defend himself or herself. It is sufficient if the accused genuinely holds that belief"; Katarzynski.'

2. The conduct is a reasonable response in the circumstances as he or she perceived them - s 418(2)

- This element is "entirely objective assessment of the proportionality of the accused's response to the situation the accused subjectively believed he or she faced"; Katarzynski.


Onus of proof (s 419) on prosecution to prove beyond reasonable doubt that the person didn't act in self-defence – (either of the 2 elements fail beyond reasonable doubt)

[Starred]

no lawyer, but I think it's all about using "reasonable force". If he has a gun and you legitimately think he can kill you, I think you have the right to disable him first. Hitting him in the neck is fair enough

In England, if someone comes in your house you can legally stab them. That's why I have a knife next to my draw on both sides of the bed and one under the bed.

I know the layout and weapons around my room.

Only if you can prove you were in enough danger to warrant it

[Spaminator92]

Wasn't there a huge case similar to this in the UK a long time ago? I remember having to write/defend my opinion about such a case in school.

[Achilles8]

FFFuuuuu this is why I want to go to law school



Anyways now that I think about it, I probably couldn't stab someone in the neck. Fuk that if he dies. What I'd do is stab him in the kidney and put him in a sleeper hold immediately HARD so that he can't reach for his gun. Idk if that's what i'd do in the actual situation tho.

[wickedman]

If someone breaks into your house armed with a gun, they are free game.

Can't imagine many scenarios where the homeowner goes to jail, outside of having the invader disabled and putting extra effort into killing them.

[jamesovercome]

http://en.wikipedia.org/wiki/Castle_..._United_States

I live in Ohio, meaning if some ****er breaks into my house he's ****ing DEAD and I have no fear of going to jail.

[ar15master]

Well, i know that i wouldn't use a knife...prefer my AR

[matt3400]

In this senerio there is sufficient evidence to suggest that it was reasonable to believe that the offending party posed an imminent threat to the life or wellbeing of another with the act of bringing a firearm along. It's called non-criminal homicide or Justifiable Homicide. Even more so if there are others in the house (kids, grandparents).

edit: U.S concpets in criminal law.

[MyBodyIsRdy420]

Can someone find me the laws in Nevada for reps? I have always planned on killing anyone who breaks into my house, armed or not. Idk how legal that is, but whatever.

[Rawdogmadfemalz]

All I can say is make sure you do actually kill him because if you don't then the judge gets to hear him and his families side of the story.

[TheSlip]

I'm from the UK and the law changed recently I think, I imagine if he had a gun I could get off with a good enough solicitor

[Vrunkelinch]

feed them to the swines

[Achilles8]

Can someone find me the laws in Nevada for reps? I have always planned on killing anyone who breaks into my house, armed or not. Idk how legal that is, but whatever.

me too bro. srs.

[TunaConsuma]

might as well buy a jumpsuit. dis 1 luks gud

popcrunch.com/wp-content/uploads/2007/06/orangejumpsuit.jpg

[Sladjan]

If someone breaks into your house armed with a gun, they are free game.

Can't imagine many scenarios where the homeowner goes to jail, outside of having the invader disabled and putting extra effort into killing them.

lol id have a hard time restraining myself from killing them. if they break into my house, regardless of the fact if their armed with a gun or not, ill do everything in my power to put the fker out.. especially if kids, wife, family, etc are in the house. what gives anyone the right to break into a home ? lol might not sound worthy of a death but im not taking chances, if someone is breaking into my house who is to say they will not be a threat to anyone in that house? idgaf, you come in my house you die. dont break into houses = you dont die lol.
inb4 *******s defend the rights of a robber
plz gtfo.

[anotheruser]

depends. is this happening in texas or california? in texas u walk clean. in cali you go to jail.

Same standard. Gotta prove that you felt that there was an immediate and real threat to your safety or others.

[ballchinnian]

FFFuuuuu this is why I want to go to law school

bro criminal law is the only good subject in law school out of the many many subjects you will do. law school is just a massive massive bitch.

[SemperParatus]

3am. You wake the up and see a masked man tip-toeing around your room with a gun in his holster. You remain silent and periodically time your breaths so he doesn't hear you. When you see him preoccupied searching through your drawers, you stealthily reach for a knife and sneak up behind him, stabbing him in the jugular... when he's unconscious on the ground bleeding you call the police for help.





Is u on dat jailtime?

Not in Alaska. He'd be a dead man. I'd reach into my nightstand and grab my pistol then end him. If he wasn't in the room I'd grab my .45-70 out of the closet for the lulz. and by lulz I mean massive exit wound.