Author Topic: Article about shooting someone breaking in to your car NOT Attached driveway Pa.  (Read 126 times)

tbetress

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I just watched the video on 'not' being able to shoot someone breaking in to your car in your driveway, the video appeared to stress that the driveway is not attached to but a bit away from your house/residence.

My question is, if the driveway goes directly to your attached garage, can you use deadly force. (Assuming your car is outside parked in your driveway)

I know the law is different if the car is parked inside the garage, but if the driveway is touching the side of the house and obviously the garage, how does the law apply in Pennsylvania.

TexasLawShield

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tbetress,

All situations are entirely fact dependent as well as attorney dependent. What I mean by that is that if you change one little fact, it may change everything. Several attorneys looking at an event may interpret the law differently.

It is absolutely not the law in Pennsylvania that if someone is breaking into your attached garage that you can kill them. As a very strong rule, you cannot kill someone if they are merely stealing your property regardless if it is inside the house or outside the house. The only benefit that you gain when the location of an intruder is your attached garage (regardless of whether or not he or she is attempting to break into your car) is that it is considered to be part of your “dwelling” and therefore the Castle Doctrine applies.

I would refer you to these two blog posts to help you with the law and likely scenarios

http://www.pennlago.com/justified-part-3-castle-doctrine-stand-ground/
http://www.pennlago.com/castle-doctrine-pennsylvania-rebuttable-presumption/


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