NJ women gets beat up in a home invasion caught on tape

[Flaminpyro]

This is the very reason I have several loaded guns in my house in different places, if he comes here he won't get a chance to go to prison, damn'd if I'll feed his ass for 20 years.

 

[ryansoh3]

That's awful, that poor family.

That said, I don't think a gun is always the answer.

The irony! :crackup:

What are the laws for home defense? I've heard various tales ranging from the robber who got shot suing the home owner.

 

[awillis2589]

Well a gun is a last resort, but in combination with keeping the doors locked with a good heavy dead bolt and our dog I think that would give plenty of time for her to asses the situation and determine if deadly force might be necessary.

 

[Gun]

Haha, it is a bit ironic ryansoh3 :crackup:

Well guns in homes aren't a very common thing here so it's no where near as much of a problem as in America or "pro-gun" countries. I don't think you should actually pull the trigger until they intruder is actually in a threatening position, even then a taser or something "non-lethal" would be a better option. Shooting someone just because they're on your property doesn't really make sense to me.

 

[awillis2589]

Well my thought is this if someone breaks down the door or comes in throw a window and gets pass my dog that's a lot to go throw if you mean no harm. So if your willing to do all that you should be prepared for what the outcome might be and in this case a bullet is what you would get for your efforts!

 

[firelaser]

basically for the gun laws if she pulled one out and he stopped and ran away then she shot him in the back she could be at fault, if she pulled it and he charged her,, or even looked at her kids, she has every right to shoot him, in this situation if you walked in and blew him away, you should have no fear of a lawsuit,,
this vid is why i know of a defense device, gun ,knife, taser in every room of my house,
as for lasers. i will never shine my laser in someones eyes, but if someone like this ever shows up in my house,, especially at night they can consider themselves blind, some 1+W of blue laser will stop your psycho ass pretty quick. until i get something better to hit you with...

 

[Sigurthr]

It is called the Castle Doctrine. For areas in support of it you are provided immunity to certain litigious retributions from the attacker if the come into your home without your permission. Areas without it the home owner/victim is liable to face charges even though it may have been self defense.

 

[Lazerbeak]

An associate of mine was once advised by an off-duty police officer that it would be better to kill an intruder than to face the inevitable legal consequences of letting them live.

I understand how you feel Gun and in a perfect world there would be no need for Guns or War or Prisons.

~ LB

 

[ryansoh3]

Ah I see, thanks you guys for your input. :beer:

 

[Rainbow]

I'd like to see someone try that in my house. I keep my Glock 21 fully loaded with Remington Golden Saber .45 +P JHPs and it never leaves my side anywhere in the house.

 

[Shakenawake]

If I caught him in the act, I'd blind him with my laser

 

[Dr_Evil]

The douche bag has been arrested.

Suspect Arrested in Attack on Mom Caught on Nanny Cam | NBC New York

 

[Razako]

The douche bag has been arrested.

Suspect Arrested in Attack on Mom Caught on Nanny Cam | NBC New York

I'd recommend this myself

 

[Leodahsan]

I'd recommend this myself

Replace the nails with 3.3W 445nm focused lasers. Leave him inside for an hour with lazors on. Nude.

:yabbmad:

 

[firelaser]

like i always say cameras will get justice, they dont blink, and they dont forget

 

[InfinitusEquitas]

Fantastic news that they caught the bastard. I suspect that will be one of many times his pants will be falling down.

With regards to home defence, (in NJ at least) the law is such that had she possessed a gun, and shot him without first;

1. Warning him that he is trespassing.
2. Attempting to retreat, for example to another locked room. (Bathroom, closet, etc,.)

She would be the one going to prison.

New Jersey Self Defense Law

New Jersey Self defense exists when the defendant reasonably believes that such force is immediately necessary to protect himself against the use of unlawful force by another person on the present occasion.

The defendant’s honest belief in the necessity of using force is a requirement for the justification of self defense.

New Jersey self defense requires the defendant to have a reasonable belief about three subjects:

The force defendant is using must be immediately necessary – in other words the defendant must believe that the unlawful force will be used against him at the time that he acts;

the force used against the defendant must be unlawful – this defense is not available to the aggressor;

the amount of force which the defendant uses must be necessary – this defense is unavailable if the actor is unreasonable in his belief about the amount of force necessary and if acting on this unreasonable belief the actor uses an excessive amount of force.

The defense is unavailable if the defendant’s belief about any of these three subjects is unreasonable.

In determining whether the belief is unreasonable the trier of fact - Judge or Jury - must consider the particular facts of the case.

These would include the age, size and physical condition of the parties.

Other facts to be considered are threats made or prior altercations between the parties.

The trier of the fact can also consider the reputation for violence of the other party as it was known to the defendant.

The reasonableness of a defendant's belief is to be determined by the jury and not the defendant in light of the circumstance existing at the time of the offense.

If the defendants belief about the need to use force to protect himself is unreasonable then the defense of self defense is unavailable.

A victim's character is admissible to prove that the victim was the aggressor, so a victim's conviction of a violent crime may be admitted to establish that he or she was the aggressor.

Deadly force is justifiable only if the actor believes it to be necessary to protect himself against death or serious bodily injury.

There is a duty to retreat first.

New Jersey Self defense will be allowed as an excuse to a charge of unlawful possession of a firearm only in those circumstances where an individual arms himself to meet an “immediate” danger.

Use of Force For Protection Other Persons

New Jersey self defense allows for the use of force against another to protect a third person when the actor would have been justified in using force to protect himself against injury.

In order for this defense to be available the actor must reasonably believe that under the circumstances the person he seeks to protect would be justified in using such protective force, and that this intervention is necessary for the protection of that person.

The defense is available if the actor is mistaken about his belief about the facts or the need to aid the victim, but the mistake is reasonable under the circumstances as they appear to the actor.

There is no duty to retreat as in the case of use of deadly force in self defense.

The burden of disproving the claim of defense of another is on the state.

Use of Force in Defense of Premises or Personal Property

New Jersey self defense gives a person the right to use force against another to protect real property – home - but first the defendant must be in possession or control of the premises or licensed or privileged to be there.

In addition, the defendant must reasonably believe that the force is necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass – unlicensed or unprivileged entry – or against a person committing a more serious offense.

Prior to using force the defendant must request the intruder to stop interfering with the property unless the request is useless or dangerous to himself or another to make the request or if substantial harm would be done to the property before the request can effectively be made.

A trespasser cannot be expelled by the use of force if the defendant knows that the exclusion will expose him to a substantial danger of serious bodily harm.

Deadly force may be used to repel a person attempting or actually committing arson, burglary, robbery, or other criminal theft or property destruction.

However, either of two sets of circumstances must be present before deadly force can be used for the protection of premises.

First, the occupant reasonably believes that the person against whom it is employed is using or threatening to use deadly force in the occupant’s presence.

Or second, a person reasonably believes he could terminate or prevent the commission of a crime but if he used less than deadly force he would expose himself or another to a substantial danger of bodily harm.

Same standards apply to protecting personal property except there is never a justification to use deadly force in defense of personal property – no justification for shooting at thief attempting to steal one’s automobile.

Countless cases do show that even if you are acquitted in criminal court, you are still open to civil lawsuits.