I'm Big Business and i condone the use of page 2.

1/19/2009 10:41:17 AM

^^ aha, I know that in Norfolk, the big thing around the city was home invasions during the day. that's when mine happened.
the burglars assume people are at work (and usually are right) during the day, so that's when they break in.

....which adds a whole other level of fuckedupedness.....like....people without jobs breaking in to working people's houses to steal

[Edited on January 19, 2009 at 10:47 AM. Reason : h]

1/19/2009 10:44:53 AM

Norfolk is on my list of the sketchiest places I've ever been at 3:00 a.m.

1/19/2009 10:50:58 AM

I have a very large dog. I feel pretty good about what would occur if someone broke in during the day.

^ It's on my list of sketchiest places I've ever been regardless of time of day.

[Edited on January 19, 2009 at 10:52 AM. Reason : *]

1/19/2009 10:51:54 AM

Quote :

"^^ hmmm. interesting theory."

not a theory...

Jetskipro - right on, we're on the same page

1/19/2009 10:52:47 AM

but dead men tell no tales

1/19/2009 10:55:07 AM

if someone actually makes it into my house past the dog, they will be shot. i would rather be tried by 12 than carried by 6

1/19/2009 10:56:43 AM

Norfolk is sketch all the time. The entire city. It looks sketch when you first get there, then you get to know people...and it doesn't seem as bad. Then you start to realize the behind the scenes shit going on....and realize how sketch it really is.

for example....
sketch looking people all riding around on bicycles

oh, pffft. they're just riding bikes to work!

oh wait, nevermind. they don't work. they ride bikes around so they can go slow....scoping places out to rob. when they see something they like, and understand your schedule, they'll be back with their car when you're not home.

seriously









and to everyone talking about their dogs.....
dogs are not security systems.

to everyone talking about guns...
people that break into you crib...especially in the middle of the day....yeah, they have guns too.

as bad as it sounds, and as much as it sucks, you're better off getting insurance and a real security system that alerts police...and if you're getting your housr broken into, it's almost better if you're not there.

material things can be recovered or replaced. lives cannot

[Edited on January 19, 2009 at 11:02 AM. Reason : .]

1/19/2009 10:56:44 AM

emce, you got a sweet palindrome coming up

1/19/2009 10:59:11 AM

OMG

1/19/2009 11:03:38 AM

Since there is a good bit of confusion on here about whether it's legal to shoot someone invading your home, I thought I'd come out of the shadows of TWW and clarify.

The "Castle Doctrine" is a matter of state law, so it depends what state you live in if you can simply shoot a trespasser in your home. Florida has a very strong castle doctrine law, where you are not criminally liable even if you shoot the guy in the back while he's in your living room. My understanding is that North Carolina does not have a Castle doctrine law, thus the standard for common law self defense applies. Thus, you can shoot someone if:
1. You believed you or another was in imminent danger (death or bodily injury).
2. Another reasonable person would have concluded the same.
3. You believed the use of force was necessary.
4. Another reasonable person would have also concluded that force was necessary.

Unless your state has passed a Castle Doctrine or "Stand Your Ground" law, you can't shoot the guy just for breaking in.

1/19/2009 11:32:04 AM

oh, you're a lawyer.

1/19/2009 11:33:59 AM

Not a lawyer yet. 3L at William & Mary

1/19/2009 11:42:09 AM

^^^ncgs 14-51.1

...which is not ironclad, but is still reasonably strong--atleast stronger than common law

1/19/2009 11:42:31 AM

So you might know by now how annoying it is when a know-it-all pipes up with information that's already been stated.

Oh, wait.

1/19/2009 11:43:02 AM

but belief of bodily harm is pretty vague, correct? I mean, i look at someone being in my home that I do not know at 2AM as potential for bodily harm. Why could I not just shoot them for being in my living room at 2AM?

1/19/2009 11:44:35 AM

in nc, you can use deadly force against an intruder if you believe they're going to commit a felony--which robbery subsequent to breaking-and-entering is a felony

1/19/2009 11:47:44 AM

well, that one time that I broke into your place at 2AM, I wasn't there to cause you harm. I was bringing over this hot chick to give you a surprise ball rubbing.

1/19/2009 11:48:47 AM

NCGS 14-51.1 does look like it helps a bit.

^ The reason you aren't allowed to just shoot someone at 2am is because they could be a firefighter, police officer, EMT, etc, who might have needed to legally break in.

1/19/2009 11:49:20 AM

In which case, they'll announce their presence, and identify themselves. At least the EMTs and firefighters.
If it's the cops, and they have a reason to surprise you, I'd guess they have their weapons drawn already.

1/19/2009 11:51:13 AM

And if the EMT or whoever announces themselves, it would be harder to say there was a reasonable belief of harm. The "reasonably believes" language is there so you don't absolve the guy who is fast asleep with a gun under the pillow, shoots first and asks questions later any time he's surprised when he wakes up.

1/19/2009 12:01:17 PM

we need texas castle doctrine. you can shoot to protect your property.

if someone drives onto your property at night without their lights on, you can shoot at them, b/c they are there for no good.

1/19/2009 12:29:11 PM

maybe their alternator went out

1/19/2009 12:29:58 PM

Quote :

"but belief of bodily harm is pretty vague, correct? I mean, i look at someone being in my home that I do not know at 2AM as potential for bodily harm. Why could I not just shoot them for being in my living room at 2AM?"

Yes and no. It's just not "harm". If the intruder wants to fist fight you, as long as you aren't a midget compared to them, legally you cannot use deadly force. You can only use deadly force if you are in imminent danger of serious injury, death, or sexual assault. A fist fight between to relatively equally sized people is not considered to inflict serious injury, unless the instigator gives repeated blows to a vital body area that will result in serious injury.

And you can't shoot a trespasser. You can while they are gaining illegal entry or if they are committing a felony, or has the ability and posses an imminent threat of serious injury, death, or sexual assault.

Quote :

"in nc, you can use deadly force against an intruder if you believe they're going to commit a felony--which robbery subsequent to breaking-and-entering is a felony"

Spot-on. As long as the intruder is committing a felony at the time (or has the ability and posses an imminent threat of serious injury, death, or sexual assault), you can use deadly force. However, you cannot shoot them in the back or if they are attempting to flee.

Again, you CAN use deadly force while an intruder is gaining illegal entry, if you believe the intruder has the ability and posses an imminent threat of serious injury, death, or sexual assault. Is it smart to use deadly force during this? Maybe not, as said before, it could be LEO, EMT, of FR. Know before you use deadly force.

[Edited on January 19, 2009 at 1:43 PM. Reason : .]

1/19/2009 1:42:53 PM

Quote :

"A fist fight between to relatively equally sized people is not considered to inflict serious injury, unless the instigator gives repeated blows to a vital body area that will result in serious injury."

so let me get this straight, i should wait till i get pounded in my face and right before i get knocked out or have the potential for serious injury i should call a time out and go get my gun?

i thought if someone even comes at you in a threatening manner and wants to fight that was good enough - no? i don't see how waiting till the very last minute is safe for the victim

1/19/2009 2:06:12 PM

You shoulda had one of these:

1/19/2009 2:35:04 PM

Quote :

"Just tell them that you shot him in the middle of a roundhouse kick."

Winner.

1/19/2009 3:04:18 PM

Quote :

"so let me get this straight, i should wait till i get pounded in my face and right before i get knocked out or have the potential for serious injury i should call a time out and go get my gun?"

NC law leaves a lot to be desired when it comes to protecting you and yours. even if you waited for the person to show their intentions and were able to defend yourself, I'm sure some ambulance chaser (john edwards) will want to help sue you.

1/19/2009 3:14:30 PM

Quote :

"so let me get this straight, i should wait till i get pounded in my face and right before i get knocked out or have the potential for serious injury i should call a time out and go get my gun? i thought if someone even comes at you in a threatening manner and wants to fight that was good enough - no? i don't see how waiting till the very last minute is safe for the victim"

read ^

and I'm just stating how the law/legal system sees it. You have to understand that the laws/legal system is based upon level of force. If someone pushes you, you can push back, but you can't shoot them. If someone yells at you, you can yell back. If someone hits you, you can hit back.

You may only use deadly force in certain situations (according to the law). An imminent threat of serious injury, death, or sexual assault must be present, you must attempt to retreat, where retreat is possible (doesn't apply in your residence or place of business), you can not have instigated the dispute, and deadly force basically has to be the only and last resort to avoid serious injury, death, or sexual assault.

1/19/2009 3:51:11 PM