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Deadly Force Questions for Legal Experts/Cops


Choada_Boy

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After my neighbor got the shit kicked out of him at 2am last night by two drunks driving by, I have a few questions for the legal experts or law enforcement types on this site.

 

In WA:

 

1) What are the limits of deadly force I can apply to an intruder in my house?

 

2) What are the limits of deadly force I can apply to an intruder on my property?

 

3) What are the limits of deadly force I can apply in defending myself from physical assault?

 

4) What are the limits of deadly force I can apply in defending another person from physical assault?

 

5) What are your credentials?

 

Thanks!!!

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The basic rule is that you can use deadly force to protect yourself from deadly force, whether that is in your house or at the beach. Deadly force is only "reasonable" if preventing deadly force. Whether it is in your house merely helps convince a jury that you had greater reason to fear the threat, and the greater the fear the more reasonable your response. All of this is, of course, for a jury to decide.

 

Retired attorney.

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If I wake up and someone's in my house, can I go downstairs and kill them dead on the spot, no questions asked?

 

I'd say no. you can certainly aim a gun at them, call the cops and hope they don't make any sudden movements. if they do, and you shoot, better hope they have a gun on them and aren't just reaching for their wallet.

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If I wake up and someone's in my house, can I go downstairs and kill them dead on the spot, no questions asked?

I hope this is a troll. Even cops have to fill out paperwork when they kill a bad guy. Of course there are questions asked. If someone in your family got drunk, stumbled into their neighbor's house, and got shot dead, wouldn't you want to at least ask a few questions?

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If I wake up and someone's in my house, can I go downstairs and kill them dead on the spot, no questions asked?

I hope this is a troll. Even cops have to fill out paperwork when they kill a bad guy. Of course there are questions asked. If someone in your family got drunk, stumbled into their neighbor's house, and got shot dead, wouldn't you want to at least ask a few questions?

 

What does the law say? Why should I have to interview a person who broke into my house? Not a troll. After last night I'm considering buying a gun for the house.

Edited by Choada_Boy
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If two people are bitch stomping a guy on the ground, can I hit one in the head with a baseball bat?

 

Based on comments above and what I suspect is true, you'd have to convince a jury that your force was justified. If you can convince them that you believed the guy's life is in danger, based on the viciousness, severity and duration of the attack, and then whack them on the head with a baseball bat, and send them into a coma for life, then you will likely be OK. Unless there's a civil suit of course and your wages are garnished for life for the family in terms of "damages". :-P

 

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On a side note, the kid that lives up the street lied to the cops about the ID for his friends that did the stomping. "I met them at the bar and they gave me a ride home." Sure. They knew about the jump in the road and the shortcut out of the neighborhood. Any ideas for some ice cold revenge?

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If I wake up and someone's in my house, can I go downstairs and kill them dead on the spot, no questions asked?

I hope this is a troll. Even cops have to fill out paperwork when they kill a bad guy. Of course there are questions asked. If someone in your family got drunk, stumbled into their neighbor's house, and got shot dead, wouldn't you want to at least ask a few questions?

 

What does the law say? Why should I have to interview a person who broke into my house? Not a troll. After last night I'm considering buying a gun for the house.

http://www.courts.wa.gov/library/index.cfm

 

Or, you may wish to take the class for your CW permit; they discuss all those issues. For you in particular I would say to take that class or a basic weapons class long before you run out and buy yourself a gun.

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