Welcome to Aftermath, a portion of our First Line email newsletter where Attorney Anthony L. DeWitt walks you through a real-life self-defense incident and shares his key takeaways.
A homeowner in a sleepy Missouri town near the Mississippi River called 911 one August afternoon to report a man kicking in his back door. Seconds later, he reported he had shot the intruder. The homeowner brought the police to the burglar when they arrived. Though police initiated life-saving measures, the man later died at Cape Girardeau hospital.
What are the legal justifications for using lethal force in self-defense in your state? Considering the quick escalation from break-in to shooting, what training have you participated in to prepare a home-defense strategy?
I usually have a firearm on me or very near me while at home. I am not paranoid, just prepared just in case. I have a loaded and ready to go firearm hidden in every single room of my house (even the bathrooms) that my family and I know where they are. Again, not paranoid, I just don’t want to be seperated from protection anywhere that I am in my home. The reason I even have them in the restrooms is because of an incident that happened in my hometown when I was a teen where a home invader came in and killed a man’s mother, wife and son while he was in the shower. He heard commotion after he turned the water off and when he opened the door got shot and killed himself. Just remember, everything can go from sugar to sh*t in a matter of seconds. Stay prepared!
In Utah, making entry to commit a felony is grounds for self defense, along with a pretty robust Castle Doctrine. If the entry is “Violent” kicking in the door, in Utah a case could be made for self defense.
The most important for me is: if you reasonably believe deadly force is necessary.
It may be two different outcomes with this scenario:
if the burger is kicking my back door and I’m in the house controlling the situation he may survive the incident, depending how he reacts for my verbal warnings
if the burger is kicking my back door and my kid or wife is in the house, they may not be able to control the situation (fearing for their lives) and shoot the intruder, depending on how he reacts for verbal warning.
In both cases we, as the defenders, reasonably belief the way we handle the situation is the right way.
I attended several home defense training and I have a plan in case of forcible entries to my house. Fortunately I have only 2 points of entry, that requires immediate action from me or my family, however both can keep the intruder outside for at least 60 seconds before he force the door.
Different states have different thresholds. In NC, for example, if someone comes into your home without your permission you may legally assume they intend to kill you, and you may act accordingly.
I am curious about the difference between Burglary and Robbery. I understand that Burglary is entering a building with the intent to commit a crime, and Robbery is taking property from a person. My question is, when someone enters a residence with knowledge that someone is there, does that make it a Robbery?
Yes, a burglary can still occur even if the burglar knows someone is in the residence, and the crime is often referred to as a “home invasion” or “residential burglary”.
Here’s a more detailed explanation:
Burglary Definition:
Burglary, at its core, involves the unlawful entry into a dwelling with the intent to commit a crime inside.
Home Invasion/Residential Burglary:
If the burglar knows someone is inside and enters with the intent to commit a crime, this is often classified as a home invasion or residential burglary, which carries harsher penalties than a standard burglary.
Intent is Key:
The key element for burglary is the intent to commit a crime after the unlawful entry.
Force or Threat:
If force or threats are involved during the entry or while inside, the case may be treated as a home invasion, which carries much harsher penalties.
Penalties:
The specific penalties for burglary and home invasion vary depending on the jurisdiction and the severity of the crime committed inside the residence.
To me it doesn’t matter which is which. I just know the outcome is going to be the same. They can bring the meat wagon and not have to get in any hurry. He ain’t going anywhere.
@TheKid It has been my experience with law enforcement .. That the MAN will add on as many charges as they possibly can … If you sneeze and some hit the officer you just committed assault …
Mississippi is extremely pro gun. in recent years, I haven’t heard of any homeowner being prosecuted or even charges brought of any kind for using deadly force on a home invader, burglar, robber, etc. Only one comes to mind and it was quite a while ago, where a man lured a man to his house that he suspected of having an affair with his wife. He was prosecuted as he should have been. I know and am friends with several LEOs and all of them will tell you that an intruder has already decided that he is going to do bodily harm to anyone who tries to prevent them from taking their property or committing an assault.
Washington State there is no Castle law but there is a no duty to retreat.
Analyze entry points
Re-enforce entry points
I have experienced CQ Combat
A good offense is a good defense.
Thanks Robert. The article calling it a burglary had me confused and I had forgotten about the Home Invasion angle. It just seems like calling it a Burglary, (implying a property crime only), downplays the violent entry, obviously intended to terrorize anyone inside, and would give the criminal grounds to sue the home owner, (if they survive), for excessive force.
General, my thoughts exactly. However, I was going to frame it with reference to my home state of WV where there are plenty of places to hide things with or without a backhoe. But I do have a backhoe as well so that makes it more fun.
