February 12th, 2011 01:34 AM
"In Va., charges rare for those who shoot intruders"
"When you codify the case law as it is now," he said, "it has an extra exclamation point, that, 'This is recognized in Virginia.' "
Still, for practical purposes, the castle doctrine already is in effect when cases involve home intruders.
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February 12th, 2011 08:36 AM
With the exception of a few states (won't mention IL, WI, DC or a few others), I think that's the case in the majority of states--you have the right to defend yourself in your home! There may be related charges (such as unlawful possession [a felon in possession], etc.) but the shooting itself is typically justified.
The SD sits that concern me are the type I feel I'm most likely to incur--robbery/car jacking attempt in a parking lot. These situation may not be as clear cut at the BG lying on the bedroom floor. Still, I think it may be obvious to any investigator when the persons involved are an legally armed and permitted 59-year-old with no criminal record who can barely shuffle to the car and a young, tattooed, hoodied guy with a three page rap sheet illegally possessing a concealed firearm. Stevie Wonder, Ray Charles, and Helen Keller could see what went down there.
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February 12th, 2011 12:51 PM
This is interesting because usually when you see a story about a homeowner defending themselves on the local news, it ends with the reporter saying something like "No Charges Against The Homeowner At This Time" and you really don't hear to much about it after that.
Don't believe what you hear and only half of what you see!
February 12th, 2011 02:12 PM
Taken from article;
Others say that people who trespass on somebody else's property are taking their chances.
Philip Van Cleave, president of Virginia Citizens Defense League Inc., said people confronted with that situation may not have the time to figure out what someone is doing.
"The truth is, when a criminal gets on to somebody's property like that, his life is in serious danger. But he's the one putting his own life in danger," he said. "Juries don't tend to be sympathetic to someone like that."
^^^^^As it should be^^^^^^^^^^^
Sounds as though Va. has it together for the most part.
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February 13th, 2011 09:52 AM
As a Virginia resident, I would still like to see a written Castle Doctrine. As it is now, it is still in the hands of the DA. A good one will do what is right for the home owner, a bad one will do what will advance his career/agenda.
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February 13th, 2011 02:34 PM
I agree. I tend to side up with the philosophy "if it ain't in writin' it never happened."
Originally Posted by archer51
February 16th, 2011 06:33 PM
The Virginia legislature just killed the pending Castle Doctrine bill for this session. Regardless of what anyone says, you should still be prepared for adverse legal action against you in a shooting situation. Even if the local DA does not press criminal charges, you can face civil actions from the perps next of kin, etc.
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