protecting home now i'm charged

[hookitup]

What is the name of your state? Michigan
I entered my home aroud 1:30am and found a guy hiding in my basement my step children where home oldest 15 and 14 yrs old.
everyone in the home was sleep or acting sleep. heard noise in basement and investigated found a guy hiding in the shadows.
had wife bring phone and call police. ask the guy what was he doing in my home and how did he get in. he had no responce, called police first time said they'll send car called back after 15 min said a car was on the way. guy started moving trying to get way from me i hit him until he hit the floor then called 911 back and asked they send an ambulance also. Guy was taken to hospital and placed on breathing machine police came back and arrested me for assualt with attempt to murder. held me for days and released me. came back 4 days later with warrent same charges. After police arrived y step daughter 15 told them she let him in the guy is 20. Any advice or feed back would be appreciated. How can the law be fair??

 

[racer72]

You beat the crap out of a guy and wonder what you did wrong? Restraining someone till the police arrive is one thing but it appears you went a bit overboard. And now that it is known that the guy had permission to be in the house, you are in some real deep doodoo. You are going to find out just what fair is. Hope you have a good attorney.

 

[hookitup]

permssion to be in the house from whom? a 15 year old and again if he had permission why would he hide?

 

[bini]

You cannot be serious

Your 15 year old daughter invites a 20 year old male into the house after dark. You show up and he hides in the basement. I hope I do not have to paint you a picture.

Bini

 

[Bravo8]

There are many factors that are missing.

Bini has a valid point, do you really have to ask why the guy is hiding?

You obviously have a right to protect yourself, your family, and your home. Most states do not allow for the use of Deadly Force, or force designed to cause serious bodily injury simply because a stranger is present in your home uninvited.

I think the force you utilized was excessive, particularly b/c of this statement, "....started moving trying to get way from me i hit him until he hit the floor...." Was it necessary to beat him into submission? Believe me, I am all for the "home = castle" doctrine, but can think of a better way to restrain the guy until the police arrived.

I don't think the fact that the guy was invited has any bearing on this case, except it prevents him from being charged with trespass. There is no way Dad here knew that this guys was an invited guest.