Legal Question in Criminal Law in New Mexico
is it legal to shoot someone in your house who is unarmed and stealing something
Asked on 6/17/11, 7:04 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
No. It is legal to shoot someone only when you perceive that you or someone else is in danger of death or serious bodily harm. The correct procedure in the situation you describe is to hold the subject, at gun point if necessary, immediately dial 911, and let law enforcement take care of the situation when they arrive. Be a good witness. If he runs away, let him go and be prepared to provide a detailed and accurate description to the responding officers.
Answered on 6/18/11, 8:34 pm
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