Legal Question in Criminal Law in Ohio
Killing Trespassers
If someone trespasses on your land in an attempt to steal,and you shoot and kill the trespasser, what are the legal problems that you the shooter are about to have?
The charges, the laws, etc.
2 Answers from Attorneys
Re: Killing Trespassers
What is the matter with you?
The penalty for tresspass is not death.
Seriously though, A person always has a duty to retreat or avoid violence except in defense of his home. That is to say his dwelliong, not the garage or the barn or the tool shed but his dwelling and usually only when he is in fact in the dwelling. So you can shoot a burglar in your home but not in the driveway either coming or going.
Any other kind of intentional killing is generally regarded as Murder. The penalties for Murder are rather substantial
Good Luck
Re: Killing Trespassers
YOU CANNOT SHOOT ANYONE UNLESS YOU ARE IN FEAR OF YOUR LIFE OR OF YOUR LOVED ONES LIFE. THAT IS IT - TRESPASSING IS $100 FINE - NOT DESERVING OF CAPITAL PUNISHMENT.
JOE JACOBS
Related Questions & Answers
-
How good of evidence is ones word? the police want to question me about a crime i... Asked 4/08/03, 12:48 am in United States Ohio Criminal Law
-
Record expunging Is it possible to get a record expunged, I have a court record for... Asked 3/31/03, 2:14 pm in United States Ohio Criminal Law
-
What motivated you to become a lawyer? I have to do a report for chemistry class on... Asked 3/25/03, 5:53 pm in United States Ohio Criminal Law
-
Noise Ordinance I was recently pulled over in the City of Akron forviolating a noise... Asked 3/19/03, 7:57 am in United States Ohio Criminal Law
-
Drug possession city detective had a legal search warrant to search my house and out... Asked 3/17/03, 6:45 pm in United States Ohio Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
