Do you go to jail if.....?

Question

Someone comes in to your house like say a missionary, a salesperson,etc. And suddenly they point a gun at you and they proceed to robbing your house. While the thief is not looking you stab them in the back with a knife and kill them. Will YOU be charged with anything?

Answer 1

A first year law student could get you off that one.

Answer 2

Because the perp was in the process of committing a felony (robbery, burglary, aggravated assault), it would be justifiable homicide in Model Penal Code states.  I think around 19 of US states are not Model Penal Code states.

The Model Penal Code was an effort by the American Law Institute to develop uniform criminal laws among the states.  About 2/3 of them adopted the Code.

The Model Penal Code states that the use of force in self-defense or in the defense of others is justified when such force:

Is immediately necessary to prevent the use of force

The use of force against the defender is unlawful

Deadly force is only justified when the actor is presently in the commission of a felony.

Use of force in self-defense against a police officer is only justified when the police officer uses deadly force and such force is unlawful (i.e. if you are placed under arrest by a police officer and such an arrest is unlawful, you are not justified in assaulting the police officer)

In Model Penal Code states, your example would be justifiable homicide.

In most common law states (most of the 19), the use of deadly force in your example would be justified because it occured within the home during the commission of a felony.  The old laws of England recognized a right to self defense of the home and a right to use deadly force when your life was threatened.

A very small minority of states require that the threat must be constant, so that the moment that the robber puts his gun away, you would not be justified in taking his life.  This would be a triable issue and a judge or jury could very well decide that the threat was immediate even though the robber's back was turned.  Such a case would be difficult for the prosecutor and there could be significant political reprocutions for the District Attorney if they decided to prosecute.  The homeowner could appeal any sentence to Federal Court as a violation of their Constitutional rights

Answer 3

Not in the state where I live.

If your state has a "castle doctrine" law, you won't be charged.

Answer 4

If it can be proved that you thought your life and/or property was in jeopardy, you would most likely go unpunished.