If you are home when an unarmed person breaks in your house can the suspect press assault charges on you if you assault them in your home?
Answers:
Yes, the burglar can sue you.
BUT you have an affirmative defense -- defense of property and defense of self/family. If you can show that the level of force you used to defend yourself was 'reasonable', then the burglar loses.
That's the thing about the law -- someone can always try to bring a suit -- that doesn't mean they'll win.
Probably in California
you can defend yourself, but if s/he attempts to flee the scene and you grab them and attack them, then yes.
I've heard of cases where people who shot burglars dead were charged. This is a twisted world we live in.
Sadly, I think there are some states in which the answer to this question would be "yes". Massachusetts comes to mind. I think that some criminals have successfully prosecuted homeowners after breaking in and getting beat up. I even heard a about a case in which a homeowner shot and killed a burglar and was convicted of murder.
I asked a question like this recently and was given a wonderful answer. Some states have laws based upon "castle doctrine" in which the home is sacrosanct and intruders have no legal standing. In the great state of Texas, I think I can shoot someone simply for looking at my property in a threatening manner. Yessir, I don't believe I'm ever going to move...
there have been cases that a burgler can press charges although it seems unreal but yes...there has to be proof that the burgler had invaded your house and that he just came and was attacked..
The approved procedure is: 1) blow the burglar's brains out .2) put a spare steak knife in his cold hand. 3) call 911. Saves a lot of paperwork.
You may use a reasonable amount of force to protect your property, and detain the suspect.
The question then becomes, what is reasonable? A shove, maybe grabbing the suspect by the collar, is reasonable. Pounding the guy with a crowbar is definitely unreasonable, when you know he's unarmed.
Anything in between? That's what juries are for.
If the person is on your property, you have the right to defend yourself and your property or family with reasonable force. But yes, he can press charges and if you get a stupid judge he might even win.
Even if he doesn't have a weapon, he is breaking and entering, that is illegal. The best thing to do is to warn the burglar that you have a gun (I hope you have one) and tell him (from a safe distance and with your family at a safe distance) that you are prepared to use lethal force to defend your home and family.
If you don't have a gun and you are just going to jump him, you don't want to warn him because that takes away an element of surprise that means you might lose and that would be worse. But either way you should call the police immediately. Remember that you have no way of knowing at the time if he has a weapon or not. You should always behave as though the burglar is willing and able to kill you.
After you have connected with the police, warn the person LOUDLY that you have called the police and that you are prepared to use lethal force to defend your home and family (that way he doesn't know if you have a gun or not, and he knows the police are coming so he will most likely scram). After that, he doesn't really have a leg to stand on (if he tries to press charges) because he is choosing to stay there and risk his life and safety. Just don't risk your life or the lives of your loved ones. Things can be replaced.
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