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Lesson: Stand your ground, but don't be the aggressor

Discussion in 'Legal & Political Archive' started by Mbeef61, Jun 12, 2014.

  1. Mbeef61

    Mbeef61 SW PDX Active Member

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    Another lesson in the confusion of the stand your ground laws: self defense is not self offense.

    I do have a question on the matter. What is the difference between tresspassing and burglary? (I assume it is because they didn't enter the building unlawfully to commit a felony like theft or assault but instead to sleep, no threat = no stand your ground ) Is it the fact the building wasn't occupied? I just am confused because I have heard news stories of people shooting at people breaking into and entering their home, even before they knew a felony was going to be committed. I was under the impression that you can use deadly force to stop a felony in progress (burglary) but how do you decide when that has taken place? or does there need to be a threat of immenant bodily harm/violence before it is justified?

    http://www.katu.com/news/national/2...-accused-of-killing-trespasser-262976741.html
     
  2. The Heretic

    The Heretic Oregon Well-Known Member

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    Another "lesson":

    "He also cited the seven long-barreled guns, five hand guns and nearly a dozen knives police said they found in a safe at Burgarello's home"

    They will come to your house, break into your safe and haul out all your guns and knives as evidence that you are dangerous.

    As to your question, yes, there does need to be a threat.

    However, if someone breaks into your house while you are there, that is generally considered to be the threat.

    In most locales that is enough.

    If the prosecutors version of events is closer to the truth than that of the defendants, then it sounds like he overreacted to the trespass.
     
  3. AMProducts

    AMProducts Maple Valley, WA Jerk, Ammo Manufacturer Silver Supporter

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    Generally speaking, if someone is busting windows, breaking down doors, and the like that is in-of-itself a felony in most states and is a positive defense for homicide. In the case of trespassing, you can stand there and scream your head off at someone to leave your property, but if they just sit there you are not entitled to shoot. If they charge you, that's another matter entirely.

    In the case you cite, the property owner burst in, probably justifyably pissed that someone was squatting there, and at the first possible excuse he pulled the trigger on them. This doesn't meet "stand your ground" at all. You find people have broken into your property, and you're not there, call the cops, let them pay the legal bills. If you're coming home from a night out with the kids and find an intruder in your home, that's another story entirely.
     
  4. the puma

    the puma Oregon City Active Member

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    Burglary in Oregon: to enter or remain unlawfully with the intent to commit a crime therein. Generally speaking, Burglary 1 is burglary to a dwelling (place where a person lives or resides, including homes, hotel/motel rooms, motor homes in some cases) and burglary 2 is for other structures (businesses, detached garages, other places where a person doesn't "live".) There has been case law recently that may change how DAs charge these though, resulting in more charges of trespass in lieu of burglary.