We want you, our readers, to be able to make informed decisions. Shooting to wound may work on TV and in the movies but in real life doing so, a shooter will most likely end up in jail. Simply stated, the law created by decades of wisdom knows best when it tells us we cannot make a blanket rule forbidding all deadly force over property. A lot of people have the mistaken belief that in this situation a person would be justified using deadly force. Without Castle Doctrine, an individual would need to assert the normal affirmative defense of self-defense if they use deadly force against a person. Even if you are ultimately cleared of all charges the legal process can be long expensive and emotionally draining. The problem here is that theres no controlling case law that says that you are allowed to use deadly force against a burglar whos breaking into your car. When I was in SAC I/We was/were authorized to Use Deadly Force if one Broke Red (among other times). A witness said . Shooting Trespassers In general, property owners cannot use deadly force . If you do shoot someone who is stealing your car you will likely be charged with assault or even murder. In addition to Florida, 32 other states have stand your ground laws. You cant shoot someone simply for stealing your car; you must reasonably believe that they are about to cause you serious bodily harm or death in order to justify using deadly force. Use common sense and you'll be fine. So now we hear you have to determine if the intruder intends to rob, steal, rape or murder you before you can do anything? Wasp spray is bullshit. Hmmmmlets see. IF you ever have to use a firearm in Deadly ForceALWAYS aim for Center Mass. Therefore, you have the right to use deadly force to protect lives. Such policy inhibits officers from using deadly force because they are arriving as a third party only. What can you do if someone is breaking into your vehicle while youre at your house? A Florida robbery suspect leading police on a high speed chase was stopped by a convenience store clerk who shot him 8 times after the suspect tried to steal his car. Again, 27-year-old Revlon Harrell is in custody tonight and waiting to hear formal charges. So while the theft of a vehicle may not be considered immediately life threatening to you, it would be to the mother with three children being carjacked at a desolate roadside stop in the middle of a desert. Drejka, on the ground in a seated position, pulled out his gun and fired a shot, hitting McGlockton in the chest. For 27-year-old Revlon Harrell, police say she decided to pull the trigger multiple times. Does this apply to out of state too, say you and your family are visiting Florida , and a Floridian person lost control of their dogs and the dogs are charging at your family (little kids) , you dont know if the dogs are friendly or will they attack , the owner cant call them back or control them . >>Floridas gun laws: How have they changed after the Parkland shooting? In Florida, can you shoot someone if they're trying to steal your car? If someone is trying to forcibly remove you from your vehicle, even if they are unarmed, you are justified in using deadly force to prevent them from doing so. Or dont shoot. It was my (at the time) 1951 Plymouth, which had the wing windows. Thats crazy. I have always read that unless you are personally in danger, you call the police and to not assume the position of the attacker please give thoughts or facts! According to F.S. Of course, being attorneys, they ignore the Texas Penal Code which in Chapter 9 basically states that you have the right to use deadly force to protect yourself, your property, someone else, AND their property. You along with a few others here seem to insist as a general rule that property theft alone does not justify deadly force. (WNDU) - If someone tried stealing a car, what would you do? One example is a case where a person may be so drunk that they do something foolish like stumble into the home of another person with no intent to do harm. Nighttime makes simple theft a whole new ballgame. Reached inside, unlocked the door, pulled out my .38 revolver, clubbed him between the eyes. The statutes do not expect law abiding citizens to wait out such deadly fates, and thus are justified in taking action immediately, even if it is deadly action. You may now "stand your ground" in these locations. 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? Never not shoot to kill. Look at banks and armored cars. 2) You can see visible damage to your vehicle proving point of illegal entrance Under Floridas law, if someone is in a place they are legally allowed to be, they do not have a duty to retreat (try to get away from that place) before using deadly force on a person they feel threatened by. U.S. Law Shield: Can I Use Force Against Someone Burglarizing My Car? DUI penalties can be combined with firearm or drug penalties creating higher consequences. 207 W College Ave Ste 100, Appleton, WI 54911, Mequon - (262) 765-5381 Ah no a group of people attack you is deadly force. Review: Hi-Point JXP 10mm An Overgrown Yeet Canon Thats a Lot of Fun! 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. Place the screwdriver in his hand (this is now the Weapon) Have neighbors call Police while you repeat over and over in your mind; I was in fear for my Life, I was in fear for my Life, I was in fear for my Life till you and the responding law enforcement believe it! Based on the facts in this case that have been released by police, do you believe the use of force in this case was justified?, Campiti was asked. Thats what they call EXCESSIVE FORCE. (reason- he actually have a weapon!) Top speed lawn mower 12 miles per hour how far can you go. Your wife may divorce you. And dont ever use a firearm against someone pulling a knife out. This is an ongoing investigation. 1001 Glen Oaks Ln, STE 239 Mequon, WI 53092, Glendale - (414) 949-1789 It depends on the jurisdiction but in general the use of deadly force is only justified if the person breaking into your car presents a threat to your life or the lives of others. At that point, it becomes breaking and entering, aka felony burglary. Can I Shoot Someone in California Who Is Trying to Steal My Car? During a riot you will be out numbered, Dont be a hero. Many advise, even in an active shooter situation, that you first look to escape, getting yourself and yours to safety, only engaging as a LAST resort to save your life or anthers when escape is not available! We are not a law firm. You might be cleared in the end, but people with a conscience will have to live with their actions. I carry 24/7, and by Gods grace have never encountered a situation that required I access that deadly piece. When are the 2023 college graduation ceremonies in Georgia? Please be respectful of others. Even if you were justified in the use of deadly force, it would be wise to hire an experienced criminal defense attorney to represent you. Drejka was not initially arrested for the shooting. The person who's breaking into your vehicle is doing so presumably to commit a theft of what's inside, so if you . What if they didnt have a gun but uses force, while unarmed, like yanking you out of the car so they can hijack it? None of this castle doctrine logic, no warning shots, no backing up until you cant back up anymore and you have to be in fear of your life, you can shoot them. Walking onto your lawn or legally entering your home do not trigger the Castle Doctrine. What Is a Disposition Hearing in Criminal Court in Los Angeles? Things, including vehicles are replaceable/retrievable, once you ventilate some human, in a deadly fashion, they are not! However you can only use the amount of force necessary to stop the threat. To me, it is. But if you do catch up to him, you can only use non-deadly force to get your property back. What happens if you shoot someone whos stealing your car and they die? I have Military USAF Security and other Security experience. Question: Does the situation change re: deadly force, if there is a weapon in the car? What is a Failure to Comply in Los Angeles? Meanwhile, you realize that you have taken a life. In addition, last year, the Florida Legislature passed a law that shifted the burden of proof in a stand your ground case from the defense to the prosecution. I guess thats going to depend on the situation, but I sure as hell am not going to just stand there (in Texas anyway) and watch them saunter off with the items they stole after breaking into my home. 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). If they make a move toward you, you can cap them. As it was explained to my TEXAS DPS INSTRUCTORS class a few years back, the delineation needs to be made between theft, which is someone stealing from a car that is not locked and requires no breaking or jimmying to enter and take the belongings. 776.031 (1), it appears that we would have a legal right to use force, not including deadly force, to stop the thief from stealing. So while you are legally allowed to shoot someone who is stealing your car it is almost never a good idea. You should practice drawing and reholstering your gun until you are comfortable. Only shoot for self preservation of self and others. 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. And while not as protected by the same rights as a home for the purpose of lawful searches, a vehicle serves temporarily as a home for many people while traveling. I dont think people in SC can use a firearm to protect a vehicle from being stolen unless they are in it but Id like to hear what others from SC say. Some viewers say If someone would mess with my car, I would shoot too!, Another woman commenting on a Facebook post says she (Harrell) had every right to protect her property.. Or maybe an heirloom ring taken by a fleeing burglar also may not be worth a life to you, but it certainly would be to the man needing such an heirloom as collateral to pay for the cancer treatment of his little girl. The problem here is that the statute only reads burglary, and there are multiple different kinds of burglary in the state of Texas. Castle doctrine is considered common law, or law that is developed through the years through decisions made by the court. Neither of these cases are immediately life threatening, but could still ultimately result in a death later on. I know youre probably thinking Ive seen it on the news. Thank you. Theft in the night is a good shoot, secured or unsecured is irrelevant. Many people may have heard of a legal principle referred to as the Castle Doctrine, which applies to a situation where, as the name implies, a person can use self-defense to protect their home or castle. This doctrine has even been held to apply in other places outside the home if you have the legal right to be there for example, while inside your own car. Reacts with force after a traffic infraction. It depends on the situation but in general the best course of action is to call the police. Answer (1 of 38): if you Hit the Mark with a big squishy gooey paintball, just like the bank with it's "dye bag" you betch'm - AND, like the bank, you're worthless ass is IN court one way AND the other and you receive Restitution; otherwise you're just being a bigger ol' pain in the ass than the . My family and I found out about an accident my son had and we were terrified about whether his representative would be well experienced or not. If someone's breaking into your vehicle in the nighttime, the law becomes much more clear. Floridas stand your ground law basically says you can use deadly force such as shooting someone to defend yourself if you fear for their life, or are afraid of serious bodily injury. Another part of Floridas law says law enforcement officers who make an arrest that is later determined to be unwarranted face legal fees and civil penalties. Youll be enjoying a lifetime of work to pay off the lawsuit from any injuries sustained from that which would likely lead to blindness at the low end of the list. Possessions; money, televisions, vehicles, etc, are replaceable. Even if you are ultimately cleared of all charges the legal process can be long expensive and emotionally draining. Can anyone answer tis question for Pennsylvania? Can you still shoot them if they are unarmed? The court or jury may no longer consider whether the actor (a homeowner in his home, business owner or operator in their business or motorist in their motor vehicle) had the opportunity to flee. (You must be able to prove that your actions are reasonable and justifiable). A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. If youre facing gun charges after exercising your Castle Doctrine rights, the smart thing to do is lawyer up fast. The patrol guide offers excellent guidelines for officers and civilian alike when it comes to the use of deadly force. They would consider whether the property could have been protected or recovered by any other means than deadly force. 4) After you give him clear verbal commands to stop, he comes at you in an aggressive manner and with a clear weapon in his hand The same goes for theft of property at your home. Explained. 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. I was wondering about the following scenario. The only time a person is justified in using deadly force to protect property is if he or she reasonably believes such force is needed to prevent the imminent commission of a forcible felony, such as a robbery. Can you shoot someone stealing your car in Oklahoma? I live in Washington State. It is a simple thing to protect your valuables. And even if you lawfully possess a gun, using it to shoot someone can result in a conviction for any number of very serious felony charges including murderif the shooting isn't in self-defense. Go center mass. In Wisconsin, the law on self-defense generally states you may employ lethal force to defend yourself or another if you or they are in reasonable fear of imminent death or great bodily harm. They are different. If you research the bulk of these state laws you will discover many even protect third parties while defending anothers property which would include officers. Yes you could do that, because you would be stopping a forcible felony in progress. Most states have a definition at law for what constitutes a justifiable use of lethal force. The Shooter's Log, is to provide informationnot opinionsto our customers and the shooting community.