Difference between armed masked men entering your home shooting and home invasion?

Difference between armed masked men entering your home shooting and home invasion?

This is a discussion on Difference between armed masked men entering your home shooting and home invasion? within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; http://www.timesheraldonline.com/ci_...ce=most_viewed Homeowner was armed and defended himself. The story, for some reason, didn't state this as a home invasion....

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Thread: Difference between armed masked men entering your home shooting and home invasion?

  1. #1
    Member Array Barren's Avatar
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    Difference between armed masked men entering your home shooting and home invasion?

    http://www.timesheraldonline.com/ci_...ce=most_viewed

    Homeowner was armed and defended himself. The story, for some reason, didn't state this as a home invasion.


  2. #2
    Member Array coolfrmn's Avatar
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    http://en.wikipedia.org/wiki/Home_invasion

    Home invasion is the act of illegally burgling or entering a private and occupied dwelling for the purpose of committing a crime (such as robbery, assault, rape, murder), or any violation of the law against the occupant(s). It is not a legally defined offense (federally) in the United States, but is in several states, such as Michigan[1]. It is not a crime in Australia and New Zealand as well as most countries.[2].

    Home invasion differs from burglary in having a violent intent, specific or general, much the same way as robbery—personally taking from someone by force—is differentiated from mere larceny (theft alone).

    Maybe they are trying to down play the event for some reason. Other than that, no clue why.

  3. #3
    VIP Member Array Janq's Avatar
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    In my state (MA) unlawful entry of a domicile (residential home) or associated dwelling (i.e. barn or some other unattached building) as while persons who are otherwise lawfully there in place, with intent by the unlawful entrants to commit a crime (burglary, unlawful theft of services such as using the telephone, etc.) is by statute deemed to be an act of 'Home Invasion'.
    No violent intent is necessary nor need be shown, just that of unlawful entry with persons residing inside.

    As to the story it's just a news report, not a police report.
    You can't ascribe anything more to this than it being what it is; A report of the news.

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    VIP Member Array Guantes's Avatar
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    Merely a statuteory method of providing for greater penalties for more egregious criminal activities.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    Member Array chivvalry's Avatar
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    Hmm... so he fired at least six shots and they found "at least" 4 bullet holes in the house caused by the suspects. "There were no injuries." Someone needs better gun control.

    I have this vision of them shooting blindly around corners at each other.
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    VIP Member Array Hiram25's Avatar
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    Who knows, they might find all three of the BG's dead?
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    Senior Member Array dunndw's Avatar
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    No difference in my mind. Either will be met with 5.56 rounds going downrange
    "If I was an extremist, our founding fathers would all be extremists," he said. "Without them, we wouldn't have our independence. We'd be a disarmed British system of feudal subjectivity."

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    Member Array mandalitten's Avatar
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    States have different laws regarding this. The Rhode Island "Castle Doctrine" is defined in 11-8-8 and covers a "dwelling". Rhode Island General Law 11-8-2 through 11-8-6 defines breaking and entering into a dwelling. A dwelling is basically any building you have the legal right to be in, such as banks and churches etc. If the building you are in are not a dwelling house during daytime, the intent of the burglar must be to "commit murder, sexual assault, robbery or larceny". At night time the threshold is lower and the intent only has to be to "commit larceny or any felony or misdemeanor".
    It gets more interesting if you are in your home and some enters your home since the statutes doesn't cover this in plain language.

    In State Vs. Fetzik a person entered into an apartment through an unlocked door and therefore the language in the statute didn't qualify this as breaking and entering. He reached under his coat as if he was reaching for a weapon, when the intruder was shot. The court acquitted the home owner in this case even if he didn't break into the dwelling.

    There is another case (State vs. Walton) where someone invited a friend to their dwelling, but then a fight broke out and the guest was asked to leave. The guest refused and attacked Walton, but Walton were able to defend himself and stabbed the now unwanted guest to death. Walton was initially convicted, but was found innocent upon appeal since the Castle Doctrine allowed him to NOT retreat since the guest had become an intruder as soon as he was asked to leave.

    To make it even more complicated, what if two people who live in the same apartment have a fight and one ends up killing the other? In State vs. Quarles, Quarles was convicted of killing his girlfriend after a fight broke out. Quarles argued that 11-8-8 should provide him a presumption of self defense, but the court did not agree. Instead the court held “... the obligation to attempt retreat exists where one is assaulted in his or her own living quarters by his or her co-occupant.”

    As you can see, the plain language in the statutes are often not enough to get a clear picture, and this is where case law comes in.

  9. #9
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    Yes Michigan has a "cute" little name for it.

    Either way, somebody in your house with or without you there, is screaming to be shot.

    Happened to my sister and her family this fall in New Baltimore Mi.
    2 am.
    Thugs came in through the door leading in from the att. garage. Started making racket, dog goes ballistic and they scram out the same door, and headed for the tall grass.Brother in law was a few moments behind, w/ .357. Already gone.
    Shame on anyone inside someone else's home.



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