Quote:
Originally Posted by homerun
It's not that you fear for your life this time, but i as a homeowner would fear they would come back another day and they would shoot first. Preventive maintenance.
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The sentiment is understandable, but as a legal theory it will be a hard sell.
This legal theory has worked on rare occasions where a habitual abuser was known to the victim (The Burning Bed), but making it fly in a case of "random" break-ins is going to be difficult.
The closest case I know of is the case of a liquor store owner who chased a shoplifter outside and shot him in the jaw while he sat in the getaway car. The best attorney in town represented him and managed to get prosecutors to drop the charges after past robberies and violent attacks at the liquor store came to light.
http://thesidebar.freedomblogging.co...-shooter/6781/
However, this did not keep the shoplifter from filing a civil suit because the store owner's actions were not covered by the state's "make my day" law. See:
http://www.cbsnews.com/8301-504083_1...-who-shot-him/