Please end my FB debate on justified shoot

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  • Is this a legal castle law defensive shooting?


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    hoosierdoc

    Freed prisoner
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    Apr 27, 2011
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    Galt's Gulch
    You come home, people are loading stuff from your house into your car. They are not in your house.

    that's the scene you see. Is this a defensible shoot with no more action by trespassers than taking things from your property and attempting to steal your car that you are not in? Assume no family on the property except for you.

    for those on FB

    https://www.facebook.com/WTHR13/posts/10154646181241144
     
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    Libertarian01

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    Jan 12, 2009
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    No threat to your life or someone else's, ergo no justifiable shoot - yet.

    IC 35-41-3-2: A person is justified in using reasonable force, including deadly force...does not have a duty to retreat...if the person reasonably believes that the force is necessary to prevent or terminate the other persons unlawful entry of or attack on the persons dwelling, curtalige..."

    So now we get to "reasonably believes..."

    What say you?

    I would say the events following the persons return to home and their exact actions along with the exact actions of the alleged thieves would weigh heavily on the outcome of a trial.

    Regards,

    Doug

     
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    pack-indy

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    I literally just spent about 5hrs of today in the Guy Relfords Essenentials of Indiana Gun Law class. This is covered explicitly. Deadly force is not justified with property crimes. Unless said property is being occupied and a forcible felony is occurring AND deadly force is necessary to stop/ prevent said crime. Simply put: someone stealing your car in the driveway while you are inside= so long car. Someone stealing your car while you are operating it at a stoplight= may use deadly force.
     

    KellyinAvon

    Blue-ID Mafia Consigliere
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    Dec 22, 2012
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    You can't legally shoot people for taking your stuff. To prevent loss of life, serious bodily injury, prevent a forcible felony are when you are authorized the use of deadly force in a self-defense situation (not Castle Doctrine since you aren't in your house or vehicle.) Pointing a firearm at someone is considered deadly force.

    To review, don't shoot people for just taking your stuff. I did pay attention in Guy's class.
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    If they are not in your car, I would think you would be justified in shooting or cutting one of your own tires, immobilizing the car.

    If, you having thwarted their attempt at robbery, they were then to attack you... you are reacting to a different criminal act.

    You might be charged with discharging a firearm within city limits, however.

    Lawyers, if what I have written here is in error, please correct the misstatements. Thanks!

    Blessings,
    Bill
     

    Kutnupe14

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    Jan 13, 2011
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    Let's expound on this. While you can't just shoot them for the crime they are committing, you are allowed to employ a "reasonable amount of force," to prevent the crime. Drawing down on them and approaching them to get them to flee or leave, is certainly reasonable. Threatening to shoot them (but not actually doing it) is also reasonable. As much as I would like to say "it's just stuff, leave it," that's not how many people would typically respond... so it's best to know your options.
     

    pack-indy

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    Let's expound on this. While you can't just shoot them for the crime they are committing, you are allowed to employ a "reasonable amount of force," to prevent the crime. Drawing down on them and approaching them to get them to flee or leave, is certainly reasonable. Threatening to shoot them (but not actually doing it) is also reasonable. As much as I would like to say "it's just stuff, leave it," that's not how many people would typically respond... so it's best to know your options.

    This gets very sticky, and Guy would disagree that the pointing of a firearm could be justified in a property crime as that act alone is considered deadly force under Indiana statutes. Reasonable force may be applied, yes. Now if you are enacting a citizens arrest and the crime being committed is a felony, then yes you are legally justified in pointing a firearm to arrest them. Same act, but viewed differently by the law.

    35-41-3-2
    35-41-3-3
     
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    Expat

    Pdub
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    I would get between my vehicle and his exit to prevent him from stealing my stuff. If he decides to try run over me at that point, I think I would then have a reasonable fear for my life.
     

    AngryRooster

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    Outside the coup
    "Yes officer, at one point I was afraid for my life. I pulled into my driveway and saw them. I blocked their vehicle then got out of mine and told them all to take stuff back inside the house or I would kick all 3 of their asses and do unspeakable things to their mother....sister....cat, etc. They laughed then advanced, it was at that point I feared for my life, 3 on 1 and all that."
     

    printcraft

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    In a perfect world.... Don't start none won't be none. Stupid should hurt.
    I would not convict. It's high time the victims rights were restored over criminals.
     
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