Question:

What constitutes legal self defense?

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Say an attacker breaks in my home, tries to jack my car, filches my wallet etc. How far can i go in stopping him without liability of getting sued or arrested? Preferably for more serious threats Id break his leg so he cant pursue again(done that before) but is it legal?

Also, under what conditions is deadly force acceptable?

thanks

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3 ANSWERS


  1. Let's make it simple......."I feared for myself, family, and my personal well being". In other words you can't go above and beyond and bring something to the table that he doesn't. If he were fighting you with fist and you got a crow bar you're in trouble unless he without a doubt has size on you and that all gets considered. Very tricky thing for sure. Best idea is to stay out of trouble and not look for it like maybe you do.


  2. Where I live,

    I can legally shoot & kill the guy.

  3. It depends on the rules of engagement where you live.  Many states have laws that will force you to retreat and let the thief run off with your car.  As far as your home goes, its the same thing, it all depends on the laws in your state.  It will depends on whether or not the perp is armed and shows you so.  It will depend on what you were doing at the time, and how a reasonable person might perceive that threat.  As far as getting sued, the laws are different.  You can do everything right an still end up in court.

    As far as deadly physical force is concerned, there must be an IMMINENT threat to you or a third party.  And it must be imminent.  And sometimes it depends on the third party and the rest of the circumstances.  In other words, you have to know the rules of engagement in your area.  And yes you could be sued in that case as well.

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