You need an experienced attorney on your side to win your case. Sorry, but I dont have a problem with that, and think that Texas has it about right. Home General U.S. Law Shield: Can I Use Force Against Someone Burglarizing My Car? The amount of force you are allowed to use is based upon the degree of force reasonably necessary under the circumstances as outlined in California Penal Code 187 PC. by Drew Dorian May 11, 2018. Tom Grieve is an experienced gun attorneyand zealous 2nd amendment advocate with offices in Madison & Milwaukee. If youre facing gun charges after exercising your Castle Doctrine rights, the smart thing to do is lawyer up fast. DISCLAIMER: This article is NOT intended to be legal advice. The key here is that the law allows the use of deadly force if the vehicle is occupied. 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. If you shoot someone sitting on your porch at 9 PM, generally that would not be considered justified. Florida Castle Doctrine Under Florida Statute 776.013, which is commonly known as the Florida Castle Doctrine, you might believe that you have the right to use deadly force to keep someone from stealing your car. Part of your family will disavow you. In Texas lethal force may be used in defense of property under certain circumstances, primarily, if the crime is being committed at night. Yes you could do that, because you would be stopping a forcible felony in progress. For many people the theft of their vehicle deprives them of their livelihood. Castle doctrine as a defense does not work 100% of the time. So for example say a car containing an elderly mans heart medication was stolen on a day trip. Now that we have discussed the laws, lets apply it to a scenario. My other friend Jason got out of passenger side and snuck around other parked cars and surprised them. You cannot use deadly force to stop a mere trespass to property, such as your yard, in Wisconsin. 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. Hmmmmlets see. Key note, Dead Men can NOT DISPUTE YOUR STORY! Day or night you always have the right to use force against the person whos committing the burglary of a motor vehicle., I am a little confused by this paragraph, 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., It would seem that the phrase, . Top speed lawn mower 12 miles per hour how far can you go. Most often we arrive after the fact and thus are not faced with the same dangers as the first party victims. 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. And dont ever use a firearm against someone pulling a knife out. 5610 Medical Circle Ste 34 Madison, WI 53719, Brookfield - (262) 786-7100 Yes. 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. Second you can only use lethal force if you reasonably believe that . Walking onto your lawn or legally entering your home do not trigger the Castle Doctrine. Because the statute doesnt specify which kind of burglary you can respond to with deadly force, were kind of at a loss legally. Well, first of all, in case you were wondering what this crime is called, itsburglary of a motor vehicle. Nighttime makes simple theft a whole new ballgame. It is a simple thing to protect your valuables. When your car is parked outside your home and no none is in it, its just another piece of property and therefore Florida Statute 776.031 applies and not the Castle Doctrine. 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. He was pronounced dead at a hospital a short time later. 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. In a handful of states, there is a 5th element. then as soon as he turns and faces you, swing for his head like you were hitting a home run! Is it legal in California to shoot someone who attempts to steal your Easy answer: YES, it is illegal to shoot someone with a BB gun. Los Angeles > Criminal Defense Blog > Can I Shoot Someone in California Who Is Trying to Steal My Car? 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. This may involve that the intruder broke into your home, car, or business while you were present inside. 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? If you have specific questions about gun laws, our Milwaukee gun lawyers suggest you speak with one of our highly experienced Wisconsin firearm attorneys who are experienced in Wisconsin firearm laws. Florida Statute 776.013 allows a person to use deadly force against another when that other person was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, OR if that person had removed or was attempting to remove another against that person's will from the Copyright 2020 WNDU. If someones breaking into your vehicle in the nighttime, the law becomes much more clear. It would behoove each person to know and understand the laws on their own state or the state they happen to be in. Florida 'stand your ground' law yields some shocking outcomes depending Make the perp make an aggressive move toward you. A Texas man on a date who paid $40 to park, only to learn inside a Houston burger joint that he was scammed, allegedly went back and fatally shot the man posing . Oklahoma's Stand Your Ground law, almost copies the Florida Stand Your Ground law that made national headlines after George Zimmerman shot and killed 17-year-old Trayvon Martin. When Can You Shoot Someone? Concealed Carry Inc U.S. Law Shield, LLC, Texas Law Shield, LLC, and affiliated entities are headquartered in Houston, Texas. Learn how your comment data is processed. Were you to steal a horse back before the car existed, you could be shot dead given a horse meant life or death to the stranded victim. Those documents explain in no uncertain terms WHEN one can use Deadly/Lethal Force. For 27-year-old Revlon Harrell, police say she decided to pull the trigger multiple times. I have signed more Use of Deadly Force Documents than I ever recall. At the very least, the civil suit will bankrupt the shooter. Can you shoot someone if they steal your car and youre not in it? You simply have to make sure you are in danger. But many ask the question, did she make the right decision? Can You Legally Shoot Someone for Trying to Steal Your Car? Grieve Law takes cases in all areas of criminal law, including OWI offenses, firearm and drug possession. What if they didnt have a gun but uses force, while unarmed, like yanking you out of the car so they can hijack it? It should read: as determined by potentially a judge or a jury, you can have the right in Texas to use deadly force against that person. In California, protection of your life and/or the lives of others. Reached inside, unlocked the door, pulled out my .38 revolver, clubbed him between the eyes. (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. According to witnesses, Drejka berated McGlocktons girlfriend after she parked in a handicapped-accessible parking space. At that point, it becomes breaking and entering, aka felony burglary. Your discussions, feedback and comments are welcome here as long as they are relevant and insightful. Meanwhile, you realize that you have taken a life. Card skimmers targeting EBT accounts steal millions in - Yahoo In most jurisdictions the use of deadly force is only justified if the person trying to steal your car presents a threat to your life or the lives of others. However, if someone is stealing the car by means of armed robbery, for example, that is a completely different matter that situation could trigger the law of self-defense. Click for more information, including affiliated entities and license information. It is there, primarily and ONLY, to defend my life or that of another against some life threatening event. IF you ever have to use a firearm in Deadly ForceALWAYS aim for Center Mass. (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. The short version of why is that police are expected to put themselves in harms way in situations that the population at large is not. So to be clear and to answer the question, "When Can You Shoot Someone" the answer is this: You can shoot someone when all . Regarding non deadly force: Can I load my handgun with shot shell pellets? You need to consult with a highly qualified Wisconsin firearm attorney who can make specific recommendations befitting of your circumstance. Regardless of what the law says on paper, the reality of what it means is eventually decided in the courtroom. these comments illustrate the need Ive heard those anecdotes, too; the problem is that because we dont have case law that controls if you use deadly force against someone whos burglarizing your vehicle, you could be put in the position of being the test case for whether or not that behavior is allowed under Texas law. Can I shoot a thief if they break in my home or my car? : r - Reddit You will have media following you for the first several days. There have been cases where for example people cut the charging cable from EV charging stations for the copper value in them. I mean, you can run outside and again confront the person and probably just use the same means that they used to take the vehicle. 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 It is not just a car that person is stealing. Was in a public parking lot, broad day light. However, if your boyfriend doesn't file a police report . Tom Grieve is an experienced gun attorney and zealous 2nd amendment advocate with offices in Madison & Milwaukee. This is generally true, but in Texas and at least one other state you can use deadly force to stop someone who is stealing your property. You are in fear of your life. A few hundred for a new windshield and an interior detail and its as good as new ! If you have an attorney, call that attorney while waiting for the police or contact a criminal defense attorney immediately so that they can be present and advise you prior to you answering any questions about the shooting. Will I still be charged for fighting that person, But what if you go to use non deadly force and then the thief starts to beat your ass , are you aloud to then shoot him. I am only using Kentucky as an example. these laws must be amended to account for theft at night. Texas statutes say that you can, if you act reasonably, use deadly force against someone committing a theft during the nighttime. What happens if you shoot someone whos stealing your car and they dont die? It is critical that you completely understand these legal concepts. If knocked unconscious, they will reasonably use that gun to kill you. While there are a few exceptions, most states, including California, do not allow the use of deadly force simply because someone is trying to steal your car. 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. For more information please contact the Los Angeles Criminal Defense law firm of The Rodriguez Law Group for a free consultation, give us a call at (213) 995-6767 or visit our convenient location: The Rodriguez Law Group Los Angeles Criminal Defense Attorney 626 Wilshire Blvd Suite 460, Los Angeles, CA 90017, United States, Los Angeles Office 626 Wilshire Blvd Suite 460 Los Angeles, CA 90017. It depends on the situation 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. Most states have a definition at law for what constitutes a justifiable use of lethal force. i guess you missed Korea Town during the LA Riots (Rodney King). 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! While the above definition alone should overwhelmingly serve to make my point, Ill go a step further to say an increasing number of bleeding hearts these days cant understand that a single mom protecting her child, or an elderly widow with disabilities cannot possibly be expected to risk their life just to wait out the possibility that the perpetrator might have only been a drunkard that mistakenly stumbled into their home. Check you state laws on use of lethal force. In most states you can shoot someone who is stealing your car. property burglary is not justifiable course for use of deadly force.. It depends on the situation but in general the best course of action is to call the police. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. They had been trying to catch these guys for months. FLORIDA: Can I shoot someone if they are breaking into my - USA Carry Many people lack the mental/physical ability to be armed, and most choose not to do so, thankfully. . is contrary to the concluding statement that encompasses day or night.. 3) Suspect has burglary tools in his possession Your kids may not want to see you ever again. Yes, they are literally stealing your life, or part of it. It depends on the jurisdiction but in general if you shoot someone you will be charged with a crime. I can strike with my fist with a measured 48 lbs of force. Copyright 2023 Grieve Law Criminal Defense. Stand your ground laws in other states generally allow for a person to claim self-defense without first needing to retreat when outside their home or business. We also encourage you to enroll in a Wisconsin firearm training course, such as one offered by the American Association of Certified Firearm Instructors (AACFI.com), so you are comfortable, confident and safe when handling a gun. It gives me a great deal of peace of mind that you will be there when needed! 5605 Washington Ave. Racine, WI 53046. 1) You witness the actual act (reason- he actually have a weapon!) Below, our Wisconsin firearm attorneys explain the interesting backstory of Castle Doctrine and what it means for you today. 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. 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. Houston police said the car owner heard the thieves around 5 a.m. and confronted the men, KTRK reported. 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. Georgia law allows for the use of deadly force to protect your home. Can I Shoot Someone in California Who Is Trying to Steal My Car? got into my car and drove off, him laying unconscious on the ground. It does not allow a person to use lethal force against an invited dinner guest who remarks that your wife's meatloaf is overdone, or that your beer is too warm. All comments are held for moderation and will appear after approval. Can I shoot someone in the leg if they are stealing out my yard? More by Drew Dorian. Bottom line: Property can be replaced, human lives cannot. | Florida. Therefore, you have the right to use deadly force to protect lives. It is just a fact. If you draw your weapon, you have made the decision that deadly force may be required. But thats just me. Answer (1 of 7): In order to shoot someone, you have to be in fear for your life. Florida's "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 . It is important to understand what Castle Doctrine does not do. Some states require you to retreat with perfect safety, meaning you must retreat from a situation when you can do so without being harmed or you lose the right to use the argument of deadly force self-defense in court.