• you can only attack him only if he has a weapon . upstairs or downstairs but if he has no weapons at all you cant attack him any where hope this was helpfull. good luck !!
  • Neither applies to your question. if a robber approaches you, in your home, he is a threat and you can defend you and your family, any way you can. if the robber is leaving, or you see his rear end, he is no longer a threat and you cannot use deadly force.
  • I have never heard that one. Law will of course vary with jurisdiction. But most have the same basic rule: you are entitled to defend yourself if you are being attacked wherever that may occur. However, you are not entitled to attach the robber if he is only stealing your property and not threatening you. If the robber is downstairs stealing your goods, and you are upstairs in bed, the robber is not threatening you and you are not entitled to attack him. You are entitled (though perhaps not wise) to go downstairs and try to frighten the robber away; if the robber then runs away, or even just backs out carefully, you are still not entitled to attack - you are not defending yourself. If, and only if, the robber attacks you, you are entitled to defend yourself. The same applies upstairs: if the robber runs away as soon as you shout at him, you are not entitled to attack. If the robber attacks you, or gives you reason to believe that he is about to attack you, you are entitled to defend yourself.
  • First of all, he is only a "robber" if he uses violence or intimidation. Otherwise he is a thief or a burglar. Courts generally hold a residence to be sacrosanct. You can attack him in order to defend your property. If you use unreasonable force, given the situation, then you can be charged. If, when he is running away he is carrying your stuff with him, then you can still attack him, to a reasonable degree. If you shoot him in the back while he is running away, you may be in trouble. I've never heard of the upstairs/downstairs thing. It is possible that this is something particular to your jurisdiction. It is impossible and pointless to try to work these things out ahead of time. If you are reasonable then you will be fine with the law.
  • This is case law time. In states with pro-gun laws, most hold the Castle Doctrine as right. Your home is your castle and you have the right to defend it, that includes your property as well as your family. No matter if the perp is armed or not. If he turns and runs, let him go. You may, however, attempt to get in front of him so as he is leaving, he is approaching you. Seeing his approach as a threat, armed or not, you may then shot him. As long as you can say you reasonably feared for your life, you have a good chance.
  • Every state sometimes every county has different laws. No way to say what the law is in your area.
  • It varies widely. In New Hamphshire you can use deadly force without warning anywhere inside your house.
  • There is a lot of mis-information being spread on this question, so I am going to provide a more detailed answer than usual. In every state in America, you can only use deadly force to repel deadly force (or a reasonable belief that the person will use deadly force). The “castle doctrine” (aka “make my day law”) does not change this. What does the “castle doctrine” do? Well, in most states you have a duty retreat if possible. For example, if someone threatens you with deadly force and you have the choice to retreat or defend yourself, in this instance you COULD NOT use deadly force to defend yourself. The “castle doctrine” is an exception to this. The castle doctrine says you have no duty to retreat from your own home. But note: this does not necessarily mean you can use deadly force to defend your self. You can only use deadly force to repel deadly force, even in your own home. Furthermore, the castle doctrine DOES NOT allow you to use deadly force to defend property. In the question you ask if you can “attack,” which does not necessarily mean deadly force. So the answer to your question is: you can use a proportional force to defend yourself as that which you reasonable believe you are facing.

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