RCW 9A.16.050
Homicide — By other person — When justifiable.
*** CHANGE IN 2011 *** (SEE 5045.SL) ***
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
RCW 9A.52.025
Residential burglary.
*** CHANGE IN 2011 *** (SEE 5891-S.SL) ***
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, the sentencing guidelines commission and the juvenile disposition standards commission shall consider residential burglary as a more serious offense than second degree burglary.
RCW 9A.52.040
Inference of intent.
In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.
Your question is too vague...and, the answer is based on a number of circumstances.
So if the intruder is in the home and at the time notices the home owner and at that time turns and heads out of the bedroom and down the hall towards a child's room but also towards an exit. Isn't against the law to shoot the intruder in the back. I mean, in this situation I would shoot to stop the advancement towards my kids room. Am I wrong on this thinking?
Yes. Pretty cut and dry. Same in NY.All that is required is a reasonable belief that a felony is intended to be committed:
It seems like there are so many loop holes in the RCW on this subject. Don't know if protecting our family is a concern of the courts as much as placing someone in prison. Seems like laws are protecting criminals more the good citizens.
RCW 9A.16.110
Defending against violent crime — Reimbursement.
(2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award.
I'm from Hawaii one of the most liberal criminal protecting states and basically we apply the reasonable person rule.
1. You are in your home where you legally are allowed to posess your handgun.
2. He is illegaly in your home.
3. If he runs away, about all you can do grab him and hold him down, cant shoot him because he is no threat with his back towards you and he is running away. You might get away with it if he is running in the direction where loved ones are located but wont be easy.
4. But if he comes at you, even unarmed, you can justify shooting him, mostly because you have a weapon (which you legaly are allowed to posess in your home). In a scuffle you can be reasonably afraid he may take it away from you and harm you or your family. So the only option is to shoot the f...er.
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