Legal question

[SunKing]

Would I be justified in assaulting someone caught in the act of breaking into and attempting to steal me car?

[Westy]

I imagine if you could put a knife in thier hand (without your prints on them of course ) after you've knocked them unconscious and told the police that they attacked you when confronted them as they were breaking & entering your vehicle.
 Otherwise I don't think so - in California anyway.   There I think they'd let the actual criminal  go and you'd be the one arrested.

[ra]

You can defend your property, but the level of violence you use must reflect the level of violence the perp is using against you.  If he is only going after your property, and not your person, you can not use much force.

[Ohio330]

Probably depends on what State your in, but if it was in
my state you would definitely be prosecuted.  Use of force
is only justified when you have an IMMEDIATE need to protect
yourself or others.  Protecting property is never a defense
to using physical force.
   Further...  " IMMEDIATE need" basically means that if you
have an escape route, you better use it.

     SO, basically what I'm saying is...beat the crap outta da guy
messing wit your wheels, den puts a gun in his hands when he
all unconcious.


  I stand slightly corrected:  You can "detain" anyone commiting
a felony..I believe this is held in all states under the constitution.
Detaining someone is considered "use of force", not to mention
it is an outright "Citizen's arrest"..  Problem with that is you
open up a WHOLE can of worms when it comes to civil liability
on yourself if you hurt the poor SOB.  Best to leave the crime
bustin to the cops.  Property can always be replaced.

[JBA]

As for what Westy has said...

I'm not condoning murder, but.. If he's dead he can't testify,  
just my 2 cents.

[SunKing]

Unf***ing believable. As I came back into my home to call in the Sheriff report , chat with a friend and post this thread, the assailant went right back into to my car and proceded to rip out and further damage my ignition switch. In the matter of 5 mins in full view of anyone leaving for work. This feeling the of being targeted and victimized is terrible. At least the replacement of the switch is cheap.

[Ohio330]

Ohhhmann.. Sounds like you live in Cleveland...not Cali.
Take a baseball bat out with you..nothing illegal about that.
Thats IF you want to risk your life over a property issue.
Again though..leave it to the cops...  you hurt him and he's gonna
not only get your car, but everything you own in the long run
when he sues you.
   Sad as it is, crime really DOES pay.

[Ripsnort]

Sun, I'm pretty sure you can  be arrested for taking the law into your own hands when it is not within the confines of your household, threatening you or your family.  Depends on the judge.  I put someone down after they beat up a woman, and I was arrested, but the woman testified in my behalf and charges were dropped. (Insert next Creamo response following this post)

[Westy]

On the other hand.

 You'd hate to find out afterwards that he was a member of a gang and after bail was set and while awaiting trial he and a dozen of his buds came back to eliminate the witness or change your mind about what you saw via some unsavory physical persuasion methods.

 So either kill em (sound like it's too late), call the cops or buy another stereo and get an attack dog who likes to live inside automobiles.

Sorry for this crap you've gone through this morning.

[Mickey1992]

Originally posted by SunKing
Would I be justified in assaulting someone caught in the act of breaking into and attempting to steal me car?

Only if a person/child was in the car he was trying to steal.

[rpm]

Don't have a clue on California law. In Texas you can use nessesary force to detain a theif until police arrive. If the person is on YOUR private property and APPROACHING you and you feel threatened, deadly force is legal.

One of my high school classmates mother shot and killed her son's mother-in-law in the front yard and was never charged because witnesses saw the unarmed victim approaching her while being told to leave. It was big news in a town of 600.

[Dune]

In Arizona, you can use non-deadly force and threaten to use deadly force to protect their premises.  Premises being defined as any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.  So, using physical force to defend your car is legal in Arizona.  

BTW, using a baseball bat would be considered using deadly force (a deadly weapon or dangerous instrument) and you'd be rung up for agg assault.

[RTStuka]

Originally posted by Dune
In Arizona, you can use non-deadly force and threaten to use deadly force to protect their premises.  Premises being defined as any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.  So, using physical force to defend your car is legal in Arizona.  

BTW, using a baseball bat would be considered using deadly force (a deadly weapon or dangerous instrument) and you'd be rung up for agg assault.

And exactly how would you know about the laws of Arizona Dune, what are you some kind of lawyer:aok

[demaw1]

Try make long story short..

 1989 at night/,early morning  , S. calif.  house near 2 freeways.  period of 1 year many stolen in neighborhood.....police and city good on self defence...neighboring city is not.  Bedroom above our garage. car in driveway..2 mex. try steal 1986 monte carlo ss..1 lookout,1in car, broke lock etc..retrieved 1911 45 auto cocked it at window,noise scared them.705 dollars damage.Police said since 2 against 1 can use more force. said to kill got to be in or at house,better if in.so so if not.  Can use weapon to detain. if attacked while detaining can use deadly force, unless much smaller than you. 3 months later same thing happens with same damage.

     police give direct number if happen again.  2 months later same thing again police almost got them.[ 3 times 705 yuck]

    6 weeks later thunder storm,wife and I had blinds open to see lighting.  Wife cold got up to shut window,raining hard,see shadow in lighting, scared heel out of me. Fell back on bed, told wife,she asked if they after car, I said, in this rain? She gave me that look, so I looked .Darn ,1 in car , 1 look out, 1 in get a way car  near end of block. Really upset this time, made wife crawl out door to hall and little boys room.

    Grabed 45 ,looked to see if more than 3, found visual on 3 cocked 45, look out ran,same time car start, aimed 5 feet behind runner and fired,hit about 7 feet behind ,only tried to scare him.

     Car down street took off, because of rain it hit fence,then took off again. My car, because of rain ,spining tires.I aimed window at drivers side knew he was there, couldnt kill or hurt for car, my car now moving back so aimed at top of radiator fired. Car hit curb backing out,he didnt back out to well.Car moving across window now, window is 8ftby 4ft 6 in. xox. Any way aimed at back tire, part of brain said fire ,other part said if I missed could go in to house across the street. Didnt fire they got car...

     All this, from time of first fire ,until car gone took maybe 2 min at most ,seemed like life time. Old forgotten feeling came,dizzyness, bad nausa, shaking etc.  The rest of story more interesting but wont say unless asked.

    One good thing,  no stolen cars for 4 years in neighborhood,and I got free dinner lol.

[Lizard3]

OK, I'll ask. Whats the rest of the story and how did you get a free dinner out of it?

btw, If I arm myself I intend to hit not scare.

Near here, within 40 miles anyway. A guy catches a fella peaking in the window at his little sister undressing. She's like 11 or 12. Guy gets someone in the house to call police, grabs baseball bat and attacks the peeper. They fight, cops show up and grab the peeper. Guy whacks peeper in the head with the bat and kills him deader than a frickin doornail. No charges filed...that I've heard of. Toe tag filed out, justice served. Aint it great!