A convenience store owner shot and killed an intruder this weekend down in Suffolk; the local newspaper headline notes that the suspected burglar was not armed with a gun.
The store owner claims that he shot in self-defense and I won't speculate as to whether it was or was not; the comments below the article are pretty vitriolic as it is.
What I will say is that he is in a significantly better position if the self-defense claim is deemed credible by the Commonwealth's Attorney or, if things go that far, the jury. The Virginia Supreme Court has held that brandishing a firearm in defense of your property is assault; it follows that using lethal force to protect your property may incur serious criminal (and civil) liability.
Subscribe to:
Post Comments (Atom)
I definitely prefer Texas state law that not only allows use of lethal force to protect property but to recover it if that is the only way reasonable.
ReplyDeleteI think breaking into someone's home or business is a violent enough act to warrant the risk of lethal force.