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re: Home defense question. Legal counsel requested
Posted on 5/11/17 at 10:48 am to Tyga Woods
Posted on 5/11/17 at 10:48 am to Tyga Woods
The general point is the crossing of the threshold. That idea comes from what is known as the "Castle Doctrine", which says that one has the right to be safe/secure in their homes, and they do not have a duty to try to retreat from danger when within their home. Many state stand your ground laws incorporate this idea.
Here is the Louisiana statute:
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.
Here is the Louisiana statute:
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.
1
Posted on 5/11/17 at 10:48 am to YouAre8Up
quote:
They need to be inside of your house.
Objectively False.
Posted on 5/11/17 at 10:51 am to Roll Tide Ravens
quote:
The general point is the crossing of the threshold.
By threshold are you saying entrance to the home? Because they don't have to cross. They just have to be attempting to gain entry.
quote:
Here is the Louisiana statute:
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.
Posted on 5/11/17 at 10:52 am to DuckManiak
Always say you felt your life, or that of your family, was in danger. In such cases, you are legally allowed to defend yourself.
If you do shoot, shoot to kill, or the defense lawyer will argue you didn't have to shoot at all. No warning shots, no 'winging'.
Say as little as possible to the police. Lawyer up.
If you do shoot, shoot to kill, or the defense lawyer will argue you didn't have to shoot at all. No warning shots, no 'winging'.
Say as little as possible to the police. Lawyer up.
Posted on 5/11/17 at 10:53 am to Tyga Woods
In Texas, you have the right to defend not only your life but property as well, there will be legal questions but if you even catch someone in your yard you can blast them, !!!! 
Posted on 5/11/17 at 10:54 am to JetFuelTyga
quote:
I'm not the only one here wasting a ton of time on a daily basis.
Yeah, but if the partner posts here, now he knows your screen name AND your real name.
Way to go, counselor.
This post was edited on 5/11/17 at 10:54 am
Posted on 5/11/17 at 10:55 am to WHS
quote:
Once the intruders inters the home he/she is fair game. If you shoot them outside of the home, drag them into your house ( I have been told this by several police officers) and never shoot them in the back.
Holy shite.
Posted on 5/11/17 at 10:58 am to terd ferguson
quote:
By threshold are you saying entrance to the home? Because they don't have to cross. They just have to be attempting to gain entry.
That's the old saying that goes with the overall idea. Many states extend that to attempting to "cross the threshold".
Posted on 5/11/17 at 10:59 am to Tyga Woods
If they'd opened the door.
Shoot till they're not moving, if they're still moving, reload
Shoot till they're not moving, if they're still moving, reload
Posted on 5/11/17 at 11:01 am to RATeamWannabe
quote:
If it's a home defense shotgun take the plug out.
quote:
Don't let the game warden catch you baw
quote:
home defense shotgun
Wow, this thread man
Is you retarded?
Posted on 5/11/17 at 11:02 am to DirtyMikeandtheBoys
quote:
Unload the mag
havent you seen the news of these guys putting 14 in someone and getting trown in jail because it was an Over use of force and showed rage. not defense. 
Posted on 5/11/17 at 11:04 am to Mr. Hangover
quote:
The amount of people who offer up gun advice that don't know anything is staggering
The same could be said for almost any subject discussed on the board, but some responses have crossed the stupidity threshold by a large margin.
Posted on 5/11/17 at 11:16 am to FightinTigersDammit
quote:
If you do shoot, shoot to kill, or the defense lawyer will argue you didn't have to shoot at all. No warning shots, no 'winging'.
Say as little as possible to the police. Lawyer up.
Do not tell the police you shot to kill. You tell them you felt like your life was in danger and you shot to stop the threat.
Posted on 5/11/17 at 11:19 am to terd ferguson
From Terd's Legal Brick: "when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle. "
If they try to gain access to your home, it's justified. I'm with everyone else though, unless the door has a window where I can see the perp's face as the life drains from his eyes, not worth shooting.
If they try to gain access to your home, it's justified. I'm with everyone else though, unless the door has a window where I can see the perp's face as the life drains from his eyes, not worth shooting.
Posted on 5/11/17 at 11:27 am to Tyga Woods
quote:
With a wife and young family, idk if I could wait that long. Would probably take my chances and fight it in court if necessary.
My biggest fear would be not knowing how many intruders there were. Hopefully if you knocked one of their boys down with the shotgun, the rest would make a business decision and bounce. So many points of entry to a house though...
Or you could yell "Police are on the way, and I will shoot if you come through the door". Why would you hide silently and wait to ambush someone?
Posted on 5/11/17 at 11:43 am to YouAre8Up
quote:
They need to be inside of your house.
I dont know why you are getting downvoted, you are correct. People here need to read carefully...
1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
....
in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered
....
forcibly entering or had unlawfully and forcibly entered
....
entering ...entered
Standing outside your threshold or jiggling your door handle from the outside can in no way be construed to mean entering or entered
Entered is self explanatory. Entering is the process of entered. "In the process of entering" would be stepping into the house. In the act of stepping into the house. Leaning into and through a car window is entering. Pulling on the door handle to a car is not entering. Its attempting to gain entry.
We can dice and slice words and argue semantics all day long and that is exactly what a prosecutor will try to do...and they do it all day...and theyre very good at it.
Play it safe. Wait until they take that first step into your house.
This post was edited on 5/11/17 at 11:51 am
Posted on 5/11/17 at 11:57 am to Damone
quote:
How can you truthfully say you feared for your life if you don't even know what is there?
That is not the standard applied in this scenario. That standard applies mostly in public spaces or private spaces that arent your own. In your own motor vehicle, business or residence the standard is whether or not the individual killed was unlawfully in or entering those places and you knew they were there unlawfully.
This is one of the reasons I love LA. The lawmakers here very much respect private property, so much so that just the act of someone entering your dwelling or even your vehicle gives you full legal sanction to end their life without question or caveat.
This post was edited on 5/11/17 at 11:58 am
Posted on 5/11/17 at 12:05 pm to Damone
quote:
How can you truthfully say you feared for your life if you don't even know what is there?
Well I know for a fact bigfoot is real and likes to enter homes in the middle of the night, saw it on History channel so I know it's not fake. I'd put the chances of bigfoot being on the other side of the door over 80%.
Posted on 5/11/17 at 12:08 pm to nola000
Posted on 5/11/17 at 12:14 pm to ThatMakesSense
I believe they have to cross the threshold.
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