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If the home intruder has already left your house, I don't think there is any State that allows you to shoot them. You run the risk of shooting them in the back. And if you shoot them in the back, you most likely would be charged for murder or manslaughter in the least.
When I lived in Arizona there was a case in my neighborhood where a guy was in his house and heard his truck start up in his driveway. He grabbed his rifle and ran outside and saw somebody heading off down the road in the truck and shot him in the back of the head through the back window. He not only wasn't charged but the local police chief or sheriff stated on TV that the truck owner had done exactly what a good citizen would be expected to do. This was about 35 years ago though.
except in the scenario of burglary the common law presumes that the suspect is intending to commit a forcible felony upon the home owner. ergo, the immediacy of the threat element exists under such circumstances.
But how do you know what an intruder’s intentions are? It’s night time, there’s someone you don’t know in your house, how are you supposed to know he only intends to burglarize and nothing else? The law seems unreasonable. I’m not going to ask an intruder if he has his burglary union card.
The example he gave was someone fleeing with your property AFTER they entered. Don’t shoot. If someone is entering your property you have a reasonable presumption they will intend to harm you or your family. Shoot. Simple. (I’m not your lawyer)
My lawyer was explaining this to me in his office. He says to me, "What if you catch a guy with your TV in his hands, you can't shoot him for that!" I said, Then I'd shoot the TV!
You don’t have to shoot every time, you pull a gun out, but you can point a gun at suspect and have him under control at gun point, yes you can and call police
You might not be able to do much if they are not still inside the house but hopefully you have cameras somewhere that got some sort of photo of him. Maybe he was one of those dumb ones who never hid his identity thinking he would not get caught or thinking the Police would not do anything. There are delusional people who think those things or think they are "above the law". You never know where the next one of those crazy jerks is.
OK, I think I can "articulate" the threat if he's running but looks back and extends his arm toward me while running. Or worse yet he looks back while running and fires shots at me. WTH am I supposed to do? Hope I can dodge the rounds? Not that that'll matter if it's a DA with an agenda (yeah, I've come across one). I won but it cost and I probably would have lost if the judge hadn't had a dim view of the DA.
Easiest way to remember: Unless your life and your family's life is in immediate danger, just call the police. Reality is not TV where you'll be called a hero.
