Legal Analysis: Homeowner Shoots at Intruders

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By Attorney Marc J. Victor

In general, homeowners in Arizona may use their guns to shoot at intruders in self-defense. This may only be applicable if they fear for their lives or if they believe that the intruder is capable of inflicting serious bodily harm and is about to do so.

The video shown above is of a homeowner in Phoenix, AZ, protecting himself from several suspects by firing his weapon as they attempt to forcefully enter the home.

Keep in mind, I don’t have all the facts in this particular situation, so my comments will be general and only based on the facts that are in this video. If the facts were later found to be different, that would also affect my analysis.

As I often say, it all depends on the facts, but in this case of video evidence and with the limited facts that I have, this looks to be a good shooting.
So, let’s begin by talking about the use or threat of deadly physical force. First, for the use of deadly physical force to be justified, it must be imminent. In other words, the threat needs to be immediate, and you must be in danger of death or serious bodily injury. If this is not the case, then deadly physical force is not justified.

In this video, that certainly appears to be the case. We have several large individuals, wearing masks and gloves, who then kick in the door of a private residence. At this point, the threat is imminent, and there is a threat of death or serious bodily injury. The fact that there are several perpetrators of large size also shows a size disparity.

Key Takeaways:

The threat is imminent.
A threat of death or serious bodily injury.
Size disparity.

What I like about this particular shooting is the homeowner did everything right. First, he waited until the door was kicked in before shooting. This shows that there was an imminent risk of death, or serious physical injury. Second, as soon as they started to run, he stopped shooting. Third, he did not go after them. The reason this is all important is that self defense is about stopping the immediate threat. You can only threaten or use deadly physical force to stop the use of someone else’s threat or use of deadly physical force. So, once the threat is no longer present, any additional use of deadly physical force may be seen as street justice. Also, if he would have continued firing after the perpetrators turned and began running, he may have hit them in the back. This would make it hard to use self defense as a justification since the perpetrators were running away.

What the homeowner did right:

He waited until the threat was imminent when the door was kicked in.
He stopped shooting when the threat was over.
He did not give chase and continue shooting.

Remember, I am only commenting on this particular shooting, and my analysis is only based on what can be seen in the video and the facts as I know them to be. Every case will be different and always turn on the facts. But, from everything we know, this certainly appears to be a good shooting.

I would also like to comment on a few other things that I recommend you do if you ever find yourself in this situation. You should call 911 and report the incident but make no statements. You should never make any statements at the scene or to the 911 operator. It’s always best to first speak to an attorney before making a statement. Simply tell the 911 operator that there has been a shooting, give them the address, and hang up. Now, expect that the police will be coming so you should do everything you can to not look like a threat. Put your gun away. Do not be holding your gun when the police arrive. They could mistake you for the perpetrator. When the police ask you for a statement politely say that you would like to speak to your attorney before making a statement.

What you should do:

Call 911 but make no statements.
Put your gun away.
Don’t appear to be a threat.
Tell the officer you would like to speak to your attorney.

If you have any questions about the use of deadly physical force you can always contact the Attorneys for Freedom Law Firm or call our Arizona office at 480-755-7110 or Hawai’i office at 808-647-2423 and schedule a Strategy Session with one of our experienced gun crimes attorneys.

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