can you sue for gettin shot at?

What is the name of your state? Delaware
My brother is of legal age and was committing a felony, breaking and entering, with an accomplice who also is of legal age. When the owner of the house returned home, my brother fled. When my brother was about 300 feet away the owner of the house starting shooting at him and his partner. He was no longer posing a threat and what the owner did fits the definition of assault. Is there any legal course of action my brother could take?

igot?'s said:

What is the name of your state? Delaware
My brother is of legal age and was committing a felony, breaking and entering, with an accomplice who also is of legal age. When the owner of the house returned home, my brother fled. When my brother was about 300 feet away the owner of the house starting shooting at him and his partner. He was no longer posing a threat and what the owner did fits the definition of assault. Is there any legal course of action my brother could take?

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My response:

You can't be serious. Your brother is lucky he's still alive. You see, if it were my home, I wouldn't have missed.

"You feeling lucky, punk? Well, do ya?"

IAAL

igot?'s said:

What is the name of your state? Delaware
My brother is of legal age and was committing a felony, breaking and entering, with an accomplice who also is of legal age. When the owner of the house returned home, my brother fled. When my brother was about 300 feet away the owner of the house starting shooting at him and his partner. He was no longer posing a threat and what the owner did fits the definition of assault. Is there any legal course of action my brother could take?

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If the state does not choose to press criminal charges, then he has no recourse. He can TRY to file a civil suit ... but, of course, he'd have to confess to the felony to try and get the case to court.

So, he can go to prison and then wait and see if a jury will give him money while he is there.

I'm not holding my breath.

- Carl

So he failed at the in person robbery and now he wants the legal system to finish the robbery for him?

All the homeowner has to say is "he had something in his hand and as he ran away he turned back towards me. I thought it was a gun so I fired." Your brother is lucky he's not dead or in jail. Tell him not to push his luck and to stop committing crimes because he is apparently too stupid to do it right.

I AM ALWAYS LIABLE said:

My response:

You can't be serious. Your brother is lucky he's still alive. You see, if it were my home, I wouldn't have missed.

"You feeling lucky, punk? Well, do ya?"

IAAL

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I get all tingly when you channel Clint Eastwood.

too funny. I guess the homeowner should have used a watergun.

I carry a gun when I get home ... and I also don't miss.

When you break in to someone's house, it is VERY likely that the homeowner will shoot if they can. It is also VERY likely that a jury will cut a homeowner loose. In a case like this, IF the case went to trial all that the defense would need is that ONE juror to be on their side. I doubt a DA would even bring it to court.

In my county the DA would give the homeowner a scolding for his poor shooting and suggest DA deferral on the charges provided he attend an NRA marksmanship course.

- Carl

my brother actually is in jail and when the man had shot at him he was being persued by helicopters AND police were on their way to his house (my brother had escaped from work release and he already is back in jail for THAT plus breaking into the mans house) he called me and asked me to see what i could find out ALSO he was carrying something he had stolen from the house which was found on him and it was large enough that there is NO possible way he couldve gotten a gun out let alone fire one or even turn around for that matter as for the matter of not missing....in all honesty i wish he wouldve gotten hit but not somewhere that would've killed him...i definitely guaruntee he is the stupidest criminal EVER and maybe that wouldve smartened him up however i doubt it.... so he's not lucky and he will be punished for that he just didnt think that he shouldve gotten shot at while he was already off the mans property and being persued by police

If no charges have been filed against the homeowner for discharging the weapon, chances are none are forthcoming. His attorney can TRY to see about the matter, but chances are the police aren't going to talk to him at the moment as he has an attorney for the current charges and he would have to confess to the burglary to make the report.

A civil suit won't likely fly as he was not directly harmed by the act.

I can't imagine a jury convicting him even if charges WERE filed.

Your brother should simply try and work out the best deal he can to avoid too much time.

- Carl

He already is being charged with the breaking and entering. This crime is the reason that he got captured after escaping from work release about 3 weeks earlier. And another thing...why would i be on here tryin to find something for him if he had an attorney? Now if my mom would help him out and pay for one he'd get off but She isnt because he wont learn that way. Over here in Delaware the public defenders are incompitent and pathetic fools that make jokes about killing their "clients" and they arent worth what the offenders have to pay them...which, in case u didnt get that, is Nothing.... Anyway, he has already confessed to the burglary and is probably going to get several years for that plus escaping. Like i said the only reason he asked is because he was being persued by police when he was shot at and didnt think the homeowner wouldve been allowed to fire at him when such was the case. He probably never would file charges and if he did he'd get eaten alive in court. However if he could get that mans gun license revoked its probably the best thing since he discharged his firearm in city limits and couldve hit a neighborhood child which is what i would be worried about.

igot?'s said:

And another thing...why would i be on here tryin to find something for him if he had an attorney?

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He will be assigned an attorney at arraignment if he cannot otherwise afford one. If he has made bail, the courts often see that as evidence of having sufficient resources to obtain an attorney.

Now if my mom would help him out and pay for one he'd get off but She isnt because he wont learn that way.

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How would he "get off"? He might get a better deal (maybe), but I doubt he would get off. After all, what defense does he have? The property jumped up at him?

Like i said the only reason he asked is because he was being persued by police when he was shot at and didnt think the homeowner wouldve been allowed to fire at him when such was the case.

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Technically, the homeowner probably acted outside the law (if the facts are truly as you outlined them ... though I suspect that the homeowner MIGHT have a different twist). From a practical point of view, the homeowner will almost certainly never be prosecuted for the offense - much less convicted. Most prosecutors do not take cases to trial that they cannot win ... and this is a good example of an unwinnable case.

However if he could get that mans gun license revoked its probably the best thing since he discharged him firearm in city limits and couldve hit a neighborhood child which is what i would be worried about.

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That's not something he can do much about. He can certainly bring it up to the police or the prosecutor, but aside from that he doesn't have the authority to initiate any action to prevent the man from possessing a firearm. Besides, unless the guy needed a permit to carry it concealed away from home, he can have a gun in his home and can use it. No permit is needed for home ownership.

- Carl

by get off i meant getting less than 5 years which is what he is looking at with a public defender. and he has been provided with an attorney but The guy who looks like Colonel Mustard is terrible, overburdened, and does not care to deal with my brothers case in depth, as do MOST public defenders As for bail...no he has not made bail now will he The man had...by what ive been told... a pistol which i believe the man probably carried on him and since there were neighbors who had called police about the burglury they werent too far behind the homeowner. The fact that the homeowner called the police before attempting to shoot him places the police and the owner chasing my brother at about the same time. Of course the guy will have a different twist as they always do. What he has to say i would probably believe more since my brother is the criminal in this case as usual. Thank you for your advice that my brother cant do anything but i was just making sure.

igot?'s said:

by get off i meant getting less than 5 years which is what he is looking at with a public defender. and he has been provided with an attorney but The guy who looks like Colonel Mustard is terrible, overburdened, and does not care to deal with my brothers case in depth, as do MOST public defenders As for bail...no he has not made bail now will he The man had...by what ive been told... a pistol which i believe the man probably carried on him and since there were neighbors who had called police about the burglury they werent too far behind the homeowner. The fact that the homeowner called the police before attempting to shoot him places the police and the owner chasing my brother at about the same time. Of course the guy will have a different twist as they always do. What he has to say i would probably believe more since my brother is the criminal in this case as usual. Thank you for your advice that my brother cant do anything but i was just making sure.

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Criminals are one of the many reasons the Second Amendment does exist.

Shame the guy missed.

He should've gone to the range more often.

umm sorry to say this but he better thank GOD he missed...if the guy had hit my brother he would now own his house and anything else that the guy owns....unless he killed my brother and in that case I would own that man and anything he ever makes

igot?'s said:

umm sorry to say this but he better thank GOD he missed...if the guy had hit my brother he would now own his house and anything else that the guy owns....unless he killed my brother and in that case I would own that man and anything he ever makes

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You need to go to civil court more often. Aside from the rare bizarre decision, juries tend to side FOR the homeowner who messed up and against the aggrieved felon or his survivors.

Fortunately for all, the homeowner missed.

- Carl