COHOES, NEW YORK — Police are investigating a shooting at a New York home after an intruder was shot and killed by an occupant of the home during an alleged break-in. So far, police say that the investigation points to a man being shot by another man inside the home after he attempted to break in.
But as this is New York, some wonder if the man will be charged for shooting the intruder. It’s a sad track for the mind to go down, but it wouldn’t be the first time that it’s happened.
There isn’t much more information related to this story, but it seems to me that no charges will be filed. The point here is the mindset of New Yorkers, even if the good guy was in the right. It’s not so much a mindset, but simply the wonder of whether or not this man will face charges.
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Place this incident in a state such as Texas or Florida, and you aren’t likely to find many people believing that there’s even a possibility of the man facing any charges.
In New York State, there is a duty to retreat outside of the home. The state also has a Castle Doctrine, which states that one may use lethal force inside their home only if they are not the aggressor.
A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary.
If everything else lines up with this case; Eg. the armed occupant was not in possession of the firearm illegally or similar, it would seem that he should be in the clear.
