There are now plenty of problems related to property offenses these days such as trespassing, theft, and burglary. If you are one of the property owners out there who are facing this kind of case, the good news is that you have rights to defend the case. The good thing with this is that you won’t be liable if you decide to bring the case to the court. Some homeowners have experienced a home invasion. To those who have experienced it, fear usually comes to mind especially when it comes to harm and death. The good news is that there is a law to protect you if you choose to defend yourself or shoot the invader. If you want to know more about this, just keep on reading this article for more information. The truth is that if you defend yourself or your property, you are like defending yourself from any physical attacks that the penetrator may do. This is what they call “reasonable force.”
You can use reasonable force, together with anyone who will assist you to prevent the penetrator from getting something from your property. The goal is for you to be able to retake those things which have been stolen. Even if the person taking the item from you thinks that he or she has the right to do so, using reasonable force is still just on your end. You will only be protected from any criminal liabilities if you take items with the permission of the owner. Otherwise, you won’t be protected using reasonable force. As long as you are the owner of the items taken, you can exercise authority and will be justified using reasonable force just to make sure that no person can break or enter your property.
As soon as you find out that a burglar entered your home, you have the right to take some actions to prevent the plans of the thief from stealing some things from your property. If you are confident that the burglar’s entering and breaking your property is not legal, then you can rightfully defend yourself. However, you need to make sure that you are on probable and reasonable grounds. Aside from that, if you possess the items taken, you can use reasonable force just to make sure that no one breaks in or enters your properties. The good news is that even those assisting you can be justified using this.
First of all, you also need to know what reasonable force is. You must understand that this does not include harming the person’s body or striking him or her. The definition itself depends on the situation, and not all situations are the same. The important thing you need to understand is that you only use reasonable force when it is proportionate to the kind of harm the burglar is trying to do. Those people who are acting under your authority can also use this. This could be someone from your group of employees to ensure that no one can actually dare to break in.
As long as your response is reasonable, you should know that you have the right to defend yourself. If you are charged with assault or murder, you can defend yourself in court by proving to them that you are just using self-defense to protect yourself. You have to make sure that the force you used to harm the intruder must be proportionate to the harm you think you are going to receive. If the intruder is just using a yellow banana to threaten you, but then you shot the intruder right away using a shotgun, you won’t be justified in doing it. It is different, on the other hand, if the intruder is carrying a fake pistol. If this is the case, it is hard to determine whether it is real or not, so if you decide to shoot the intruder right away, you would likely be justified in doing so. In order to defend your case, it would be best to hire a lawyer to help you with it.
There are a lot of lawyers these days. However, you just make sure you choose the one who can well represent you in court and can give you the best advice that you need in order to protect you from any criminal liabilities. Aside from that, you also need to know that not all rules are the same for each state. To learn about your state’s rules, you need to consult your attorney about it.