What rights do I have if someone tries to break into our apartment?

[FlyingRon]

So in essence as long as you reasonably believe you are in danger of death or injury you can use deadly force.

Yes, but as pointed out in the case law, just physical presence of someone will not be construed as the threat of danger. Your drunk neighbor staggering inside your apartment by mistake, or the retarded kid next door jimmying your back door isn't going to cut it.

 

[swalsh411]

Yes, but as pointed out in the case law, just physical presence of someone will not be construed as the threat of danger. Your drunk neighbor staggering inside your apartment by mistake, or the retarded kid next door jimmying your back door isn't going to cut it.

Maybe, maybe not. Those two examples are both given with the benefit of hindsight. You need to evaluate any given situation based upon what the actors knew at the time, not what was discovered after the fact. A person woken up to the sounds somebody trying to enter their home has no way of knowing that it's just their drunk but friendly and confused neighbor, a retarded kid (retarded people can still attack you BTW), or a more deadly threat.

Like with many things there would be a judgment call and ultimately if a prosecutor decided to charge you then your attorney would need to convince a jury that you reasonably feared for your life based upon what you knew at the time.

There was a case very recently (I think in Oklahoma) where a man tried to break down a screen door and was shot by a woman. She was not charged.

 

[FlyingRon]

There was a case very recently (I think in Oklahoma) where a man tried to break down a screen door and was shot by a woman. She was not charged.

Oklahoma is a far cry from Pennsylvania.

 

[ecmst12]

You actually think a homeowner, especially one with a family, is expected to round up everybody in the house so they can run outside on the front lawn and then call 911?

Except that's not what I said. I said if OP was ALREADY outside, returning from an outing, and finds evidence that there is someone in the house, he should call 911 rather then going in himself. Avoiding confrontation is not the same as retreating from someone who already knows you're there.

 

[swalsh411]

Except that's not what I said. I said if OP was ALREADY outside, returning from an outing, and finds evidence that there is someone in the house, he should call 911 rather then going in himself. Avoiding confrontation is not the same as retreating from someone who already knows you're there.

Calling 911 and waiting outside may be the smart thing to do depending on the circumstances, but just so it's clear, there is no legal duty to avoid entering one's home even if they think an intruder is present. There are places in this county where it can literally take an hour or more for the police to show up.

 

[JustAPal00]

OP, You have an obligation to try to get you and your family away from the person. If you can't escape then you can use whatever force you feel is needed to defend yourself and your family. This is axactly what the local police chief told me when I asked him almost the same question. Remember, if the perp survives, he will tell his side of the story in court.

 

[swalsh411]

OP, You have an obligation to try to get you and your family away from the person. If you can't escape then you can use whatever force you feel is needed to defend yourself and your family. This is axactly what the local police chief told me when I asked him almost the same question. Remember, if the perp survives, he will tell his side of the story in court.

PA law does not require a resident to retreat from their own home. Look at the links I poster earlier in the thread.

If the police chief actually told you that a family would be required to run out of their own home if somebody tried to break in then he is wrong. He may have been referring to the fact that PA does not have a broader "stand your ground" law and that there is generally a requirement to attempt retreat if possible before deadly force is authorized. However this does not apply to one's own home.

 

[CJane]

PA law does not require a resident to retreat from their own home. Look at the links I poster earlier in the thread.

I don't think that JustAPal was stating that there was a LEGAL obligation to remove oneself and ones family from the threat of harm BEFORE attempting to use force, simply that in keeping your family safe, it's sometimes (most times) SANER to retreat rather than play Commando.

 

[JustAPal00]

PA law does not require a resident to retreat from their own home. Look at the links I poster earlier in the thread.

If the police chief actually told you that a family would be required to run out of their own home if somebody tried to break in then he is wrong. He may have been referring to the fact that PA does not have a broader "stand your ground" law and that there is generally a requirement to attempt retreat if possible before deadly force is authorized. However this does not apply to one's own home.

He didn't say we had to leave our house or even run away for that matter, he was speaking as if I were attacked in public. He told me that if there was a way out of the situation that could avoid violence that I was obligated to seek it. If I fealt that there was no other way out, then I was free to defend myself through any means necessary. I was threatened by a business associate who was in trouble with the law and thought I had been the cause. I purchased a handgun and while I was getting my carry permit I asked the police chief what I had to do If he came after me.