<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Ace Logan</div><div class="ubbcode-body">
From a legal standpoint, I've been told by many police officers that in the long run you're better off killing a burglar in your home vs. attacking them with a blunt object and seriously injuring them. Our legal system is so screwed up that they have every right to turn around and sue you for any damages you did to them, even though they were in your house, illegally, and attempting to rob you.
I know someone who this did happen too, he attacked the robber with a beer bottle and ended up blinding him. Since the robber could "no longer work" he sued them and ended up eventually winning a huge settlement, causing them to end up bankrupt and losing everything. </div></div>
You aren't supposed to attack burglar at all, you can only act only in self defense. I.e. if he threatens you, shooting an unarmed guy will be an issue for you. And yes, its better to shot him dead then leave him alive if you shoot. In the first case DA may not press charges against you.
Not sure, I was googling for a bit.
Burglar sues for getting shot, but the case dismissed.
http://gazettextra.com/news/2008/mar/06/judge-dismisses-burglars-lawsuit/
and more from wiki:
http://en.wikipedia.org/wiki/Castle_Doctrine#Duty-to-retreat
<span style="font-style: italic">Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what degree of retreat or non-deadly resistance (if any) is required before deadly force can be used.
In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine:
An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.
The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties
The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)
In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.
Note: the term "home" is used because most states only apply their Castle Doctrine to a place of residence; however, some states extend the protection to other legally-occupied places such as automobiles and places of business.
Alabama,[9] Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah[10] West Virginia and Wyoming have adopted Castle Doctrine statutes, and other states (Montana, Nebraska (
http://www.nraila.org/Legislation/Read.aspx?ID=5348), New Hampshire, Pennsylvania and Washington) are currently considering "Stand Your Ground" laws of their own.[11][12][13]</span>
not NY or NJ the two states I reside in.
You may want to check laws in your state/town. In washigton state looks like you can shoot at will.
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.16.050
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Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is
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