If someone comes onto your property trying to fight you and you end up snapping...

  • Thread starter Thread starter Mistyee
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Mistyee

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...their neck, will u go to jail? I'm 16 and I live in Chickasha OK. I was just wondering bc I know in Texas that if someone comes onto your property then you have the right to kill them. But if you do go to juvy, then how long would you get?
The person sends threats and comes to your house trying to fight so when you defend yourself, you end up breaking their neck...so would it all be self defense or murder?
 
Well, you are not quite correct. What you are referring to is the Castle Doctrine. Here is a link that explains what the doctrine is about.

http://en.wikipedia.org/wiki/Castle_doctrine

Here is a link to the OK law.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782

As to your question, a lot depends on the circumstances of the fight. If this was a simple push and shove match and you kill your opponent, you are going to jail for Manslaughter. If, indeed, the offender was trying to kill you, and you kill him; that is Self Defense.

Just because you are 16 does not mean you can not serve some real time in Prison. Here in Wyoming, a 15 year old shot and killed a man. He is being tried as an adult. Since he is a juvenile he does not face the death penalty but is looking at Life in Prison, without the possibility of parole. He will go to a juvenile facility until he is 21 and then be sent to the Wyoming State Prison, where he will be until he dies of old age.

The fact that someone comes onto your property does not mean you have the right to kill them, even if they commit some illegal act, not even in Texas.
 
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