Catsle law???

Nuts · 01-09-2010, 03:57 PM

If I'm working in my detached garage and someone breaks in while I'm in there and I shoot them is it self defense? I read a ton of info in the Ohio revised code and found out about your home,temporary home, and car but nothing about a garage. Not sure if there are any lawyers on here but maybe someone could point me in the right direction. I'm asking because my garage has been broken into twice in the last month, the last time was just minutes after I went in. Its getting kind of nerv racking being out there at night not knowing if someone is coming in or not...

tinbeater · 01-09-2010, 04:02 PM

Quote:

Originally Posted by Nuts

If I'm working in my detached garage and someone breaks in while I'm in there and I shoot them is it self defense?

I would think if they was going to harm you.
But ????

JET455 · 01-09-2010, 04:05 PM

If they are armed yes! if not no! So just throw a weapon on them if you kill them! and make sure they are dead so you do not have to deal with it all later. Like them sueing you for being dumb enough for breaking into your place and you protecting yourself......

mossyoaktj · 01-09-2010, 04:10 PM

hmmm..i always figured as long as they didnt make it out the door then its ok as long as ur life was in danger or if u had some sort of no trespassing sign. just my .02

TomH · 01-09-2010, 04:57 PM

And the answers you get here will influence a shoot/don't shoot decision in real life?

Yeah, right.

Flxratd · 01-09-2010, 05:01 PM

just make sure you dont shoot them in the back because they feel the threat is over if they are leaving. the curent justice system seems to protect the criminal as far as rights are concerned.

Hope Springs Hauler · 01-09-2010, 05:25 PM

That is a good question to pose in my ccw class in a couple of weeks. We'll see what the officers have to say

Nuts · 01-09-2010, 06:41 PM

Quote:

Originally Posted by TomH

And the answers you get here will influence a shoot/don't shoot decision in real life?

Yeah, right.

lol no, I wasn't really looking for a yes or no, just a push in the right direction to fine out.

Quote:

Originally Posted by Hope Springs Hauler

That is a good question to pose in my ccw class in a couple of weeks. We'll see what the officers have to say

Ask them and let me know what they say!

99Slobra · 01-09-2010, 06:54 PM

If its anything like Florida's Castle law:

One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

fordman00 · 01-15-2010, 11:34 AM

Quote:

Originally Posted by Nuts

If I'm working in my detached garage and someone breaks in while I'm in there and I shoot them is it self defense? I read a ton of info in the Ohio revised code and found out about your home,temporary home, and car but nothing about a garage. Not sure if there are any lawyers on here but maybe someone could point me in the right direction. I'm asking because my garage has been broken into twice in the last month, the last time was just minutes after I went in. Its getting kind of nerv racking being out there at night not knowing if someone is coming in or not...

talked to a teacher who has over 35 years in law enforcement in Ohio and he said anywhere you are if someone tries to do bodily harm towards you or a family member it is self defense, and so on, but he wouldnt recommend shooting them just maybe a warning shot somewhere other than their body.

GPER · 01-15-2010, 12:11 PM

And put a hole in my roof, I'd rather put the hole in them.

RuffedUpXJ · 01-15-2010, 01:15 PM

Quote:

Originally Posted by GPER

And put a hole in my roof, I'd rather put the hole in them.

Gotta slow him down enough to have the cops catch them. Now if its Trenton no need to shot because all of their cops are in fine athletic shape, even Pocahontas. Just messing Sarge.

Have there been any cases like this you have ran across Sarge?

fordman00 · 01-15-2010, 01:22 PM

id personally would rather not shoot him at all unless he presented a weapon because if he did then you have proof beyond a reasonable doubt that he intended to do harm and it would hold in court you were acted in self defense.sarge could maybe elaborate more about the court stuff, but i wouldnt want to shoot him unless he came at me or presented a weapon etc.

Nuts · 01-15-2010, 07:18 PM

I already said I'm not planning on shooting anybody.I just wondered what the law was incase it came to that. You never know what a crack head is going to do when they get caught breaking in somewhere...

Waffle · 01-17-2010, 03:07 PM

Quote:

Originally Posted by fordman00

talked to a teacher who has over 35 years in law enforcement in Ohio and he said anywhere you are if someone tries to do bodily harm towards you or a family member it is self defense, and so on, but he wouldnt recommend shooting them just maybe a warning shot somewhere other than their body.

Yeah it's self defense, but bodily harm isn't the same as imminent danger regarding life. That teacher should know better. You can draw to show the threat, which usually works. But a methed out crack head with no weapon means you can't shoot. Then what do you do! That's why my 45 gets carried with a taser. Any properly trained police department does the same for the exact same reason.

Warning shot! Seriously? FMJ ball ammo can rip through a wall taking down your neighbor walking the dog or anything. Even your kid playing wii. That's the dumbest thing I've ever heard from someone with LE experience.......

GPER · 01-17-2010, 04:18 PM

So I'll just give the intruder a questionnaire to see if he marks yes on the question. Do you wish to harm my family????

94Dodge Truggy · 01-17-2010, 08:27 PM

Quote:

Originally Posted by GPER

So I'll just give the intruder a questionnaire to see if he marks yes on the question. Do you wish to harm my family????

Bingo!

MrShoeBoy · 01-18-2010, 03:04 PM

Quote:

Originally Posted by stickman

But a methed out crack head with no weapon means you can't shoot. Then what do you do!

A methed out crack head regardless if they have a weapon is a threat. The drugs dull the sense of pain and reason so they will continue until their body can no longer function. If placed in a suituation where a druged out meth head broke in my house I would shoot to stop the threat. They themselves are a weapon.

AARON

Waffle · 01-18-2010, 10:14 PM

Quote:

Originally Posted by MrShoeBoy

A methed out crack head regardless if they have a weapon is a threat. The drugs dull the sense of pain and reason so they will continue until their body can no longer function. If placed in a suituation where a druged out meth head broke in my house I would shoot to stop the threat. They themselves are a weapon.

AARON

Then you would probably be charged with a degree of manslaughter! And their family would gain the right to sue you in civil court. You need to think before you act. This is what makes these situations so dangerous. Your required to comprehend the level of danger at that time. If you shoot and a jury decides you acted with unwaranted leathal force, you will be found guilty.

Waffle · 01-18-2010, 10:25 PM

Here is a scenario I like to make. Lets say your lying in bed and you hear some screaming. You get up and grab the gun. Heading toward the front door you hear someone has just gained entry to the rear. Turning around you see a person all of a sudden appear from a hallway. *You fire* In fear of your life. But wait. This guy doesn't have a gun. Lying there motionless on the floor with the pool of blood getting bigger. You lower your weapon and then another person enters from the same area. you proceed to take them down as well.......
Turns out the person you shot was actually fleeing for their lives from another attacker (2nd victim) and hoped to evade them by going in your place. A police investigation reveals that the first victim was an enemy of the second and was simply trying to escape.
Now what happens. No leathel weapon on their person and their dead in your hallway. Guess what.......Your in cuffs with your wife and kids crying and screaming! Not only did your actions affect the lives of the victims in the shooting, but the lives of your family as well.
House and all possessions are sold to afford a good trial attorney. Need I go on? Wild scenario....yes. But a true one!

01-09-2010, 03:57 PM	#1
Nuts Join Date: Feb 2008 Location: middletown,oh Posts: 508	Catsle law??? If I'm working in my detached garage and someone breaks in while I'm in there and I shoot them is it self defense? I read a ton of info in the Ohio revised code and found out about your home,temporary home, and car but nothing about a garage. Not sure if there are any lawyers on here but maybe someone could point me in the right direction. I'm asking because my garage has been broken into twice in the last month, the last time was just minutes after I went in. Its getting kind of nerv racking being out there at night not knowing if someone is coming in or not... Last edited by Nuts; 01-09-2010 at 04:06 PM.

01-09-2010, 04:05 PM	#3
JET455 Your wifes pimp! Join Date: Jan 2007 Location: Everywhere!!!!!! Posts: 548	If they are armed yes! if not no! So just throw a weapon on them if you kill them! and make sure they are dead so you do not have to deal with it all later. Like them sueing you for being dumb enough for breaking into your place and you protecting yourself...... __________________ if i am not currently offending you, i will be shortly.

01-09-2010, 04:10 PM	#4
mossyoaktj Join Date: Apr 2008 Location: moscow,ohio Posts: 245	hmmm..i always figured as long as they didnt make it out the door then its ok as long as ur life was in danger or if u had some sort of no trespassing sign. just my .02 __________________ UNITED STATES MARINE 99 TJ, locked, long armed, creepy's

01-09-2010, 05:01 PM	#6
Flxratd Retired Join Date: May 2008 Location: Hamilton/Ross Posts: 645	just make sure you dont shoot them in the back because they feel the threat is over if they are leaving. the curent justice system seems to protect the criminal as far as rights are concerned. __________________ One of these days Zuk 2.0

01-09-2010, 05:25 PM	#7
Hope Springs Hauler Join Date: Jul 2008 Location: Hamilton, OH Posts: 431 Images: 16	That is a good question to pose in my ccw class in a couple of weeks. We'll see what the officers have to say __________________ 1988 Suzuki Samurai on propane FJ 40 axles (4.10) 5.14 tcase 36" TSL SX

01-09-2010, 04:57 PM	#5
TomH Gearhead Join Date: Mar 2008 Location: Anderson Posts: 95	And the answers you get here will influence a shoot/don't shoot decision in real life? Yeah, right.

01-09-2010, 06:54 PM	#9
99Slobra Join Date: Sep 2008 Location: Maitland FL Posts: 24	If its anything like Florida's Castle law: One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person. Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.] Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

01-15-2010, 12:11 PM	#11
GPER Join Date: Feb 2007 Location: Kettering, Ohio Posts: 811	And put a hole in my roof, I'd rather put the hole in them.

01-15-2010, 01:22 PM	#13
fordman00 Join Date: Sep 2008 Posts: 433	id personally would rather not shoot him at all unless he presented a weapon because if he did then you have proof beyond a reasonable doubt that he intended to do harm and it would hold in court you were acted in self defense.sarge could maybe elaborate more about the court stuff, but i wouldnt want to shoot him unless he came at me or presented a weapon etc.

01-15-2010, 07:18 PM	#14
Nuts Join Date: Feb 2008 Location: middletown,oh Posts: 508	I already said I'm not planning on shooting anybody.I just wondered what the law was incase it came to that. You never know what a crack head is going to do when they get caught breaking in somewhere...

01-17-2010, 04:18 PM	#16
GPER Join Date: Feb 2007 Location: Kettering, Ohio Posts: 811	So I'll just give the intruder a questionnaire to see if he marks yes on the question. Do you wish to harm my family????

01-18-2010, 10:25 PM	#20
Waffle Join Date: Aug 2009 Location: . Posts: 75 Images: 10	Here is a scenario I like to make. Lets say your lying in bed and you hear some screaming. You get up and grab the gun. Heading toward the front door you hear someone has just gained entry to the rear. Turning around you see a person all of a sudden appear from a hallway. You fire In fear of your life. But wait. This guy doesn't have a gun. Lying there motionless on the floor with the pool of blood getting bigger. You lower your weapon and then another person enters from the same area. you proceed to take them down as well....... Turns out the person you shot was actually fleeing for their lives from another attacker (2nd victim) and hoped to evade them by going in your place. A police investigation reveals that the first victim was an enemy of the second and was simply trying to escape. Now what happens. No leathel weapon on their person and their dead in your hallway. Guess what.......Your in cuffs with your wife and kids crying and screaming! Not only did your actions affect the lives of the victims in the shooting, but the lives of your family as well. House and all possessions are sold to afford a good trial attorney. Need I go on? Wild scenario....yes. But a true one!