The usual standard is that the person using lethal force has to have a reasonable expectation of either death or grave injury to themselves or someone else if they didn't act. It depends on the jurisdiction but in general the use of deadly force is only justified if the person stealing your property presents a threat to your life or the lives of others. 1001 Glen Oaks Ln, STE 239 Mequon, WI 53092, Glendale - (414) 949-1789 Investigators say it happen after Harell left her boyfriends vehicle unoccupied and running to get warm in the driveway of a home in the 2000 block of Lincoln Way West Tuesday night. What I really want to know is what can you do if youre in or in front of your place of business (say a retail store) and a group of people are looting it. Firearm Law Update: NC Pistol Permit Requirement Repealed, Certain requirements under Californias Unsafe Handgun Act ruled unconstitutional, Nationwide network of Independent Program Attorneys (IPAs), 24/7/365 emergency access to an attorney-answered hotline, Legal representation for both criminal and civil cases, Zero attorneys fees for covered eventsno limits, caps or deductibles, Unlimited access to our informative resources. If you intend to carry or keep a gun for self-defense, you should follow your state's gun laws, including the statutes on carrying concealed weapons. At least in Florida. Reacts with force after a traffic infraction. . DISCLAIMER: This article is NOT intended to be legal advice. It is non-lethal usually and they cant run off very easily without leaving an easy to follow blood trail. The neighbor heard all the noise and came outside to yell at us and tell us he was calling the police (this was pre cell phone days). While this may seem cut-and-dry to some, there can be a considerable amount of ambiguity involved when it comes to law enforcement and the court system. If they physically attack you as a means to do that, can you defend yourself with lethal force? Can You Shoot Someone Who Is Stealing Your Car - Quick Answer If someone's breaking into your vehicle in the nighttime, the law becomes much more clear. What happens if you shoot someone whos stealing your car and they dont die? Therefore, you have the right to use deadly force to protect lives. The person whos breaking into your vehicle is doing so presumably to commit a theft of whats inside, so if you witness this activity in the night time, so long as youre acting reasonably, as determined by potentially a judge or a jury, you can have the right in Texas to use deadly force against that person day or night. Photo: pexels.com, @matheusbertelli (modified by author) Source: UGC. Lives are not replaceable. Notify me of follow-up comments by email. Investigators say it happen after Harell left her boyfriend's vehicle unoccupied and running to get warm in the driveway of a home in the 2000 block of Lincoln Way West Tuesday night. Georgia law allows you to use deadly force to protect your habitation from someone committing a felony inside it. If it's proven successful, you might not have any charges on your record. In California, private citizens are pretty much screwed unless You simply have to make sure you are in danger. Take the time to protect yourself and your family with more than just a box of ammunition -- protect them with knowledge of both the law and of firearms. It is close to bedtime and as youre walking around your house making sure all the doors are locked you notice someone on your property looking at your car parked at the end of your driveway. these comments illustrate the need But thats just me. California law does allow a person to use self-defense or force when defending themselves or others in certain situations. It depends on the jurisdiction but in general the use of deadly force is only justified if the person stealing your car presents a threat to your life or the lives of others. SOMEONE CAUGHT STEALING YOUR CAR (CAR THEFT) All that said, let's look at something that may be considered the most universally correct, no matter where you live, and that is shooting at a person that you find stealing your car, which means that you see someone in a parking lot, side street, or your driveway simply breaking into your vehicle. A lot of people have the mistaken belief that in this situation a person would be justified using deadly force. And if he does not do so, Florida law allows you to either use or threaten to use non-deadly force to expel the person from your property. More by Drew Dorian. As you state, every situation has to be evaluated by anyone considering using deadly force. Several of your scenarios are examples of reasons to escalate to the use of deadly force. Or dont shoot. The shooter could be charged with Simple Battery (misdemeanor) all the way up to and including Aggravated Assault (Felony) based on the specific facts of the case and the injury resulting from the attack. The purpose behind such legal wisdom stems from centuries of experience establishing that theft of certain property has in-fact led to the loss of victims lives or taken away their entire livelihoods; even if it is not realized immediately. Generally speaking, there are certain circumstances where an occupant may be able to legally shoot trespassers. My 2 cents worth. Please be respectful of others. Now, if you live in the commie state of Jersey( at least it used to be, you had to run out your back door. And dont ever use a firearm against someone pulling a knife out. Now would it be justify to shoot the dogs or will it only be justify once the dog get to you and attack ? Learn how your comment data is processed. IF the situation means using Deadly Force as the only option to stop the Bad Guy(s), then so be it. Castle doctrine says that you have a right to defend yourself -- with deadly force in most cases -- if you are in your home, yard or private office. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Pinterest (Opens in new window). I carry 24/7, and by Gods grace have never encountered a situation that required I access that deadly piece. (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. You are in fear of your life. If you draw your weapon, you have made the decision that deadly force may be required. Outside of protecting military weapons systems, and the lives of both military and civilians, my training came down to deadly force is not authorized simply to protect possessions. Be nice to your thief and call them an ambulance while you are contacting the authorities about the theft and your shooting them to protect your property. It is a typo. Would I get in trouble if I catch such people and hold them at gun point (I have a CCW License) until the police arrives? I felt that I was truly valued as a person and not a number. Its like shooting a cloud of hot dust-sized lead a few feet. Use of force can look like a lot of different things, could look like anything from verbal commands to stop to actually physically going over and stopping the person with your hands, engaging them physically with your hands. 5605 Washington Ave. Racine, WI 53046.