reasonable force

[emrys74]

You are awoken from your slumber by the sound of voices in your house you decide to get up and investigate and are confronted by 2 silhouettes. you can go to the spare room and get your base ball bat or go back to your room and maybe get a fire arm from the safe.

You cant identify the intruders as its dark or whether they have a weapon but you are pretty sure they aren't there to check your sleeping ok.

The law says you can use reasonable force to protect your self your family and your property.
What is reasonable force?

[chew]

I think it is equal to what they are using on you.

I always tell friends to say "I heard someone in the house, turned on the light and all I remember is seeing someone with a baseball bat coming at me, then he was on the floor in a pool of his own blood."

Dont use a firearm, it is rare they will have one as they know the implications if they are caught.

[Sweetcheeks]

Reasonable force is the amount of force necessary to protect oneself or one's property.
Its all about how much of a threat you perceive them to be and whether a jury agrees with you in the event it ends up in court

[Maxo]

What is reasonable force?

Enough that it doesn't seem silly. Common sense-ish.


TBH given your scenario, I wouldn't be back tracking it to a gun-safe unless they definately hadn't seen you or you are actually willing to kill them.

[devolved]

If I had a gun, and someone was in my house - and I could access it - the gun would be drawn and they would be told what would happen to their kneecaps if they should move another step.

As much as I'd like to take some time to correctly assess the situation and on-balance have a look at the threat they pose - I would much prefer to make sure they understand how close they are to spending some quality time at the great 'big house' in the sky.

Hopefully they wouldn't wrestle the gun from me and shoot me and my family, that would be awkward.

[Captain Starfish]

Reasonable force is what a "Reasonable Person" would use to stop the intruder from hurting you.

The "Reasonable Person" test gets used a lot here, for all sorts of things. What would the average joe consider acceptable?

You pretty much have to convince the court that a normal person, in the same situation, would have used the same force. It's not like for like, although that's considered. They may have knives, but you may still have to demonstrate that any force at all was required vs (for example) shouting at them to leave before the cops arrived.

[Mazimbwe]

The more expensive the lawyer, the more your force becomes reasonable.

On my HTC Aria using Tapatalk

[filbert]

your chosen level of force also establishes intent in the event that you inflict lasting or permanent harm, a firearm could show that you were willing to kill, a bat shows you intended physical harm, a floor lamp from ikea with equivalent weight and size to a bat however was merely a convenient defensive implement procured in the heat of the moment.

[Barfridge]

and a 4 x D-cell maglite just means it was dark, then you acted in self defence when you saw them coming towards you.

[Captain Starfish]

and a 4 x D-cell maglite just means it was dark, then you acted in self defence when you saw HE'S COMING RIGHT FOR ME!1!.

Get it right, Ned.

[Cam]

What is reasonable force?

How good is your lawyer?

Don't kill them, which isn't going to be much of a problem for 99% of folks, otherwise either comply or detain them if you're able to without getting deadish yourself.

[Spock]

Grab the most lethal (but practical) weapons you can access - silently - then ascertain as much as you can about the nature of the intruders (how many? armed? etc.).

Don't reveal yourself - try to remain hidden in the dark.

Make sure you allow the intruders free access to an exit before shouting out a challenge.

Remember, you know the layout of your own house and are at an advantage in that respect over the intruders in the dark.

If the intruders flee - let them.

If they attack, fight back.

BTW -
I can tell you from both a theoretical point of view and also from practical experience that you will lose all fine motor skills and the ability to act with rational control in a 'fight or flight' situation.

You will find yourself in a mental state not dissimilar to a cornered animal - yowling unintelligible sounds - rather than saying cool things like "Make my day, punk".

Best to preplan as much as possible in the event something like this happens to you as you will be hard pressed to act optimally 'going in cold' into a home instruder situation.

[Cam]

Spock will beat intruders with one of the spare Hondas he keeps around the place.

[The Saint]

Such force as is reasonably necessary to remove them provided it is not intended to or likely to cause death or GBH.

[PlayDoh]

get a copy of this book, have a read, then you wont have to worry about that situation again

[chew]

Another point is that a longer implement (baseball/cricket bat, golf club etc) in a confined area may be a disadvantage if the intruder is a little street wise or has any training. Sid is always good to have around for these type of incidents if you are unfortunate enough to have to face them.

[Spock]

Spock will beat intruders with one of the spare Hondas he keeps around the place.

More like they will trip over them in the dark and break an ankle or something. Happens to me a lot - and I (usually) know where I've placed them.

[The Saint]

Sid is always good to have around for these type of incidents if you are unfortunate enough to have to face them.

Because it's difficult to spot him in the dark?

[Sweetcheeks]

Threat is a perception and different to each individual. If i feel an intruder is going to kill me or cause GBH, i can take whatever steps i deem necessary to stop them even if that means death. If i can get a jury to understand how much of a threat i found the intruder to be therefore justifying the steps i took, i would be fine.

[Cam]

More like they will trip over them in the dark and break an ankle or something. Happens to me a lot - and I (usually) know where I've placed them.

Ah, now I see how it works. Set the trap with the bikes, let the hound then move in to finish the job.

Much less work than digging a tiger pit.