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Can you use deadly force against a trespasser?

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You have signs posted that say "Private Property - Trespassers Will Be Shot". If person comes onto your property and you shoot them can you be convicted?The other night at 1:00 am we had someone to come onto our property where we have no trespassing signs clearly posted and snapped a picture through our bedroom window. I have children to include a 2-year-old girl and a teen-aged girl and am considering purchasing a handgun. If I do this and add signs stating that trespassers will be shot to the ones I already have, and should I have to shoot someone would I be able to be prosecuted?

Asked 10/31/2009 under Criminal Defense | 1813 View(s) | More Legal Topics

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SJZ, Member, New York Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

Yes, you absolutely would be prosecuted. People may not give themselves the right to shoot others simply by posting signs. You may use lethal force to defend your family or self; however, someone trespassing does not necessarily pose the sort of imminent threat to life or limb that justifies lethal force. The correct response to a trespasser who is not breaking into your home or otherwise threatening yourself or your family is to call the police. You might also consider some large dogs as a good investment. (Post lots of "Beware of dog" signs.)

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