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Unread 02-19-2011, 08:40 AM   #3
Shadow
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A couple of things came to mind when I read your post:

1) I need to get an alarm system
2) Generally speaking, if no one else in the house (ie: kids in a separate room) is/are in danger, DON'T go looking for the burglar!
They know where they are, what they're going to do if they're caught (in most cases) and you don't know whether they are armed!
Secure yourself and loved one in a locked room, and call the Police on a cell phone rather than a hard wired phone if possible.
Let them do what you pay them to do!
(this also sets up a great defense for your use of force claim)
Nothing material in that house is worth your life

3) Tell her next time (God willing there won't be a "next time") wake you the F**k up!

And since we're talking about the use of deadly force, remember: ALWAYS IDENTIFY YOUR TARGET!!!!

Don't f**k up and shoot your kid, brother, etc., who happens to stagger in the door late at night without a key, and doesn't want to wake you!
You're not covered under the doctrine!

The above link is a great source, especially for concealed weapon licensees.
Make sure you read it all to the get the full effect of the doctrine/law.

Here's a couple more that you may find helpful:

"Castle Doctrine"

http://www.wsoctv.com/news/26916167/detail.html

http://www.gunlaws.com/FloridaCastleDoctrine.htm

In the last one:
Quote:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.
the section underlined and in red, is a bit misleading to most.

To commit a burglary, you DO NOT have to "break" in as common thought assumes, nor do you need to use force to enter a dwelling or structure, in order to commit the offense of "Burglary."

Burglary Defined:
(generally)

Quote:
Florida
•In Florida, burglary is defined as the unauthorized entering or remaining in a dwelling, structure or conveyance with the intent to commit an offense unless it is open to the public.
(Defined Per Florida Statute)

http://www.leg.state.fl.us/statutes/...s/0810.02.html

Quote:
The 2010 Florida Statutes
Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
810.02Burglary.—
(1)(a)For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b)For offenses committed after July 1, 2001, “burglary” means:
1.Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2.Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a.Surreptitiously, with the intent to commit an offense therein;
b.After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c.To commit or attempt to commit a forcible felony, as defined in s. 776.08.
....redacted....
Here's where you have to be careful:
(F.s.s.: 776.08)
Quote:
The 2010 Florida Statutes
Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
776.08Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
History.—s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.
http://www.leg.state.fl.us/statutes/...s/0776.08.html

"Trespassing (with exception, a misdemeanor in most cases) can not be the basis for "burglary."

When the state is looking at the charge, they're looking for "other charges" such as larceny (theft), assault, Home invasion, etc., combined with the unlawful entry or remaining therein.

Recap:
Burglary= The unlwful entry/remaining in a structure or conveyance (vehicle for short) w/intent to commit some crime other than trespassing therein=FORCIBLE FELONY.
Forcible Felony=The right to the use of deadly force).


And again, there's no need to retreat from the threat!!
Identify your target!
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