In self-defense and defense of your closed ones, you can apply force. But, when, what and how? It depends on whether you will commit a criminal offense…
Unfortunately, the economic situation in many countries is not that great, and the crisis strikes the most basic human needs. For this reason, on the one hand, more and more people are deciding on acts of crime, and on the other hand, the police have limited resources and the will to react.
From all of the foregoing, we at Brian Ross Criminal Defence Lawyer have decided to bring you from a legal point of view closer to the real situation, where you deal with an uninvited person in your apartment, and for the purpose of committing a crime, most often theft.
To begin with, we will define several terms.
Undisclosed face – a person who is in your home, without your will and calls, doing a crime.
Armed – is considered to be one who has any kind of cold or firearms, and even a thing that can be used in this way.
Primarily, we will assume that you are an unassigned person in the house and that you come across it.
We want to emphasize that, if the circumstances permit, your first reaction should be to call the police.
We will then consider this problem through four possible situations
Undefined face is not armed, neither are you
An unassigned face is armed, and you are not
An unassigned face is not armed, and you are
Undefined face is armed, and so are you
In the first case, if you do not have a choice, that is, if you are endangered, the use of force is certainly worth considering.
If we put it on a regular fight, you have the right to defeat your opponent, but you must not use any weapons, and you should also not exercise physical force greater than that necessary to overcome it. (disabled and put under control his actions, and until the arrival of the police, after which you no longer have to exercise physical force).
In the second case, the situation is considerably facilitated, if you are endangered and you manage to overcome your opponents with bare hands, in principle there is no basis for legally responding to you, even if you are causing him significant injuries that damage his health. This is all of course provided the injuries occurred during the overcoming of the opponent, and not later.
Make sure to be very careful with these things and call the police as soon as you can. Try to get away if possible and distract the burglar from the situation and make sure that the police solve the problem.
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