death threat

[good_sk8er]

What is the name of your state (only U.S. law)? Oklahoma

Let's say someone were to threaten your life and then were to come to your home to murder you. If you told them to leave your property, and they refused and continued to try and harm you, would it be legal to disable them, like shoot them in the leg or something. Would it be legal to kill said person?

 

[>Charlotte<]

You have the right to defend your life with deadly force, if necessary. But you must be in immediate danger from an imminent threat of actual physical harm.

 

[ultimate42]

Actually under new Oklahoma Law if you have asked them to leave you property and they have refused you can then defend you right to private property. Its a hairy situation but a gentleman in Tulsa was just aquited of capital murder charges because he shot a couple of burglars that were breaking into his NEIGHBOR's house. I would ask for a consultation with a criminal defense atty and also talk to an ADA and ask them this question, mainly because each situation is different and what has been handed down once doesn't exactly mean that it will fall the same way again. But the first thing I would do is go to your city's court and file for a VPO against the said offender.

 

[Curt581]

Actually under new Oklahoma Law if you have asked them to leave you property and they have refused you can then defend you right to private property. Its a hairy situation but a gentleman in Tulsa was just aquited of capital murder charges because he shot a couple of burglars that were breaking into his NEIGHBOR's house.

I think you're talking about a case in Pasadena, Texas. Here's a link to the news story:

http://www.chron.com/disp/story.mpl/front/5864151.html

If you think that "castle doctrine" laws are such great protection, ask the man in the story how much money he spent on attorney fees. Bear in mind that a group in the area is planning to ask the Feds to investigate, and don't forget the wrongful death civil lawsuit that's sure to follow.

 

[LeeHarveyBlotto]

I think you're talking about a case in Pasadena, Texas. Here's a link to the news story:

http://www.chron.com/disp/story.mpl/front/5864151.html

If you think that "castle doctrine" laws are such great protection, ask the man in the story how much money he spent on attorney fees. Bear in mind that a group in the area is planning to ask the Feds to investigate, and don't forget the wrongful death civil lawsuit that's sure to follow.

Yes, but he's alive to fight those legal battles.