Would it be considered a self defense if my nephew stabbed the homeowner who pulled a gun and shot him if my nephew is the one who invaded the house? 9 Answers as of December 11, 2013

My 16 year old nephew was charged with home invasion and assault with attempt to murder. The homeowner pulled a gun and shot at my nephew first, and my nephew stabbed him in the chest. Is that considered self-defense on my nephews part?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You are truly ridiculous. Your nephew broke into a house, and when the homeowner defended his property, your nephew stabbed the homeowner, and you want to know If it is self-defense? Are you for real?
Answer Applies to: Georgia
Replied: 12/11/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
NO. The homeowner can use force to protect himself and his home. Your nephew was armed and can be charged with assault with a dangerous weapon. Your nephew should have surrendered immediately.
Answer Applies to: Michigan
Replied: 12/11/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If a reasonable person, in the same situation would feel that his life was in danger from your son, he had the right to defend himself by shooting your son. The stabbing by your son would not be self-defense.
Answer Applies to: California
Replied: 12/5/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Your nephew committed a home invasion burglary, one of the most serious crimes you can commit. The homeowner was well withing his rights to shoot him dead the minute he entered the home. It is not self defense as the home owner does not have to wait until he is threatened, he is allowed to kill an intruder in almost every state and does not have to retreat from his own home. Your nephew is lucky he was not killed and will probably get a prison term.
Answer Applies to: New York
Replied: 12/5/2013
Universal Law Group, Inc. | Francis John Cowhig
Not on the part of your nephew since he is the one invading the home. It would be self-defense for the homeowner who shot your nephew.
Answer Applies to: California
Replied: 12/4/2013
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