jeffro 30 Report Share Posted April 10, 2013 I was robbed at my house this afternoon, thief stole things around my garage and value was things stole was minimal, thank goodness, he had to case my house as witnesses noted thief went straight to things of value, but here is the kicker. After filing police report I question officer protecting myself and he stated that if someone came into my house that I must go to the farthest room in my house and be threatened before I can defend myself. this will never happen. I will protect my family regardless Anyone ever heard of this? This came straight from officer Quote Link to comment Share on other sites More sharing options...
GMan 3,569 Report Share Posted April 10, 2013 In WV, the homeowner has the right to protect his home and property...period... Quote Link to comment Share on other sites More sharing options...
Lance 228 Report Share Posted April 10, 2013 easier to get forgiven than to get permission applies here. Quote Link to comment Share on other sites More sharing options...
rabidbeaver 90 Report Share Posted April 10, 2013 In WV, the homeowner has the right to protect his home and property...period... I will take my chances and shoot first and ask or answer questions later. Quote Link to comment Share on other sites More sharing options...
bucfan64 307 Report Share Posted April 10, 2013 Castle Law in Virginia would permit anyone to protect and defend their life, liberty or property from such types. UVAO might be able to comment on this better...... Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 10, 2013 Castle Law in Virginia would permit anyone to protect and defend their life, liberty or property from such types. UVAO might be able to comment on this better...... You've got 1 of the 3 right. Virginia's a "rule of proportionality" state. "The amount of force used to defend oneself must not be excessive and must be reasonable in relation to the perceived threat." Diffendal v. Commonwealth, 382 S.E.2d 24, 25 (Va.Ct.App. 1989). So, you can't pull a gun on a thief that doesn't show one or acts as if he has one, but you can if the thief pulls out a gun or knife at close range. You'll also see this reflected in statutes such as Virginia Code 18.2-282: "It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense..." Of course, when protecting your life in VA, anything goes. But there is significant jurisprudence that does NOT give a person the right to protect property or other civil liberties with lethal force. In fact, the "Castle Law" bill has failed every single time it's been introduced, most recently in 2012. Quote Link to comment Share on other sites More sharing options...
V-Cats 472 Report Share Posted April 10, 2013 In my opinion, if you shoot and kill and intruder and the trial is in this area, I have little doubt you'll be acquitted of all charges. If it happens in NOVA though, you're on your own with the Bleeding Hearts Quote Link to comment Share on other sites More sharing options...
Lance 228 Report Share Posted April 10, 2013 I assume anyone trying to break in to my house is armed....I think that is not so far fetched that a jury would convict you for gunning down such scumbags. On the other side of things, I wouldn't just shoot someone for coming on to my property, that's what pitbulls are for :) Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 10, 2013 In WV, the homeowner has the right to protect his home and property...period... Not categorically. See WV Code 55-7-22. http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=55&art=7§ion=22 "(a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary." There again, you see the phrase "reasonable and proportionate". Yes, it includes "deadly force", but the "deadly force" must also be "reasonable and proportionate". B (deadly force) is a subset of A (reasonable and proportionate force), logically speaking. For example, if you see a 13-year-old skulking around your back window, sending this young boy to Jesus with your Marlin .50 rifle is NOT "reasonable and proportionate". If you happen shoot a 30-year-old man standing 6'3'', 250 pounds, who has busted your window out with a sledge hammer, then dropping him with your Derringer IS "reasonable and proportionate". The same goes for catching the same inside your house. If you catch a 14-year-old trying to lift your used PS3, and the kid hasn't acted aggressively, you're going to be found guilty if you cap him. Now, if you catch 2 adults lifting EVERYTHING out of your living room, and one of them charges you upon sight, then that's reasonable and proportionate. I know what I'm gonna get from many people here: "IT'S REASONABLE FOR ME TO SHOOT ON SIGHT 'CUZ I DON'T KNOW WHAT'S GOIN' ON". Sorry, the law disagrees with you and will call you "unreasonable" to your face. Don't shoot the messenger, pun unintended. Quote Link to comment Share on other sites More sharing options...
jeffro 30 Author Report Share Posted April 10, 2013 I guess i'll go for the forgiveness side of it, if it comes down to it Quote Link to comment Share on other sites More sharing options...
HurricaneWarning 212 Report Share Posted April 10, 2013 Shoot him and if he happens to stumble or fall outside, drag him back in. Quote Link to comment Share on other sites More sharing options...
beaverbaseball 10 Report Share Posted April 10, 2013 (edited) Do what you have to do to protect your family, yourself, and your property. If it comes to the point that you have to take a life, DON'T answer ANY questions from the police. All you need to say is you need to speak to your lawyer. Edited April 10, 2013 by beaverbaseball Quote Link to comment Share on other sites More sharing options...
Lance 228 Report Share Posted April 10, 2013 DON'T answer ANY questions from the police. All you need to say is you need to speak to your lawyer. best advice in this thread and it pretty much goes for anything in life. In today's world I wouldn't even answer what i had for lunch unless my lawyer was standing there and said to tell them. not saying a thing without a lawyer and you can't search anything without a warrant. No I don't have anything to hide, it's just none of your damn business! Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 11, 2013 Do what you have to do to protect your family, yourself, and your property. If it comes to the point that you have to take a life, DON'T answer ANY questions from the police. All you need to say is you need to speak to your lawyer. Again, if you use the "shoot first, ask questions later" strategy, particularly with regards to your personal property, you're pretty much tying your defense lawyer's hands behind his back. No amount of slick "lawyering" can change the facts of your case. Best case scenario, you can exclude important bits and pieces, but that's far from a guarantee. All I can say is that you better pray that the guy had a gun or something like a Bowie knife on him. If not, and you stupidly try the case, you WILL lose if you have jurors with any semblance of rational thought. The point is well taken, though. If you do something illegal like unreasonable and disproportionate use of self-defense or defense of property, use your Fifth Amendment rights. Quote Link to comment Share on other sites More sharing options...
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