Can someone still get charged for using excessive force on a criminal?

Let's say someone with knife or gun is trying to rob a house or a company.

Unfortunately for that lowlife, the owner happens to be former US Marine and also knows how to take away a gun or knife from someone. The criminal is on the ground, unarmed by this time but the owner still punches him some more until he's beaten.

Same thing with a potential rapist. If the girl happens to be a Ronda Rousey type and used excessive force while he's on the ground. I think both of those criminals were asking for a beating of their life.


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Most Helpful Guy

  • Justice well served. Someone comes in my house and tries to hurt my loved ones.. two shots center mass.. kill shot in the face. That should take care of it.. call that a double-tap. If I was unarmed then I'd beat him into a coma or death.

    In b4 GAG psychologist tell me I have PTSD.

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What Girls Said 4

  • Excessive force is excessive... like it kinda says. This means it was not required or appropriate. Restraining someone and then beating them is not appropriate, it is excessive and I would think that of people can sue others for injuring themselves while breaking into their homes I'm quite sure they'd be allowed to prosecute for ABH or similar.

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  • It depends on the state and the laws.

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  • If they have the nerve to break into your house... they deserve what they get.

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  • I think to a certain degree its self defense but I'm pretty sire the line is unclear

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What Guys Said 15

  • If someone is in my house and I see a weapon in his hand, he's getting shot. It's perfectly within the law in my state, especially if he's armed. I don't think either of those situations are excessive force.

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  • Yes, they could still be charged depending on how much damage they did to the criminal. But the problem for the prosecution at trial would be getting a jury to convict them of anything very serious.

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  • The legal system is controlled by enemies of decent people, so it will usually favour the criminals.
    I work on two principles.
    1. Dead men cannot give evidence against you.
    2. It is better to be judged by 12 than carried by six.

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  • Possibly. If you go nuts and paralyze the perp' from the beating you gave him for breaking into you garage... the DA might press charges. Every State has different laws though.

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  • In a country with morals such as the UK or Germany. Yes you will goto jail with evidence.

    In countries with morals as shit as Somalia like the US where the police is above the law then no, they won't even get told off. Maybe even a pat on the back if found.

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  • Yes, once the criminal is incapacitated, to continue to beat on him/her you have committed a crime.

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    • 200 grains of lead, inserted into the brain cavity at 33 metres per second, does an excellent job of incapacitating a criminal.

    • That should be 330 metres per second.
      I blame the retarded autocorrect function, that I have (thus far) been unable to turn off.

  • Yes but not likely. A knife or gun can be seen as attempted murder and you can just say you feared for your life and defended yourself.

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  • You only use enough force to neutralize the threat, if you keep beating somebody on the ground it turns into an assault.
    I guess something along those lines is the case in most criminal codes of the world.

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  • in Belgium yes, if you use martial arts you used your body as a weapon the laws says and then you are going to jail.

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    • That is kinda messed up.

    • Show All
    • I am wondering if you use martial arts but you don't hurt them do you still get in trouble?

    • @Thisperson98 no, only if you damage their body.

  • they can, but they shouldn't be

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  • Depends. Someone who's trained should know when someone is incapacitated and stop once sufficient force has been used. Then again, if you really feel like your life is in danger, who knows

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  • Yes.

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  • Just because you have the knife or gun doesn't mean they can't still take it back from you. You're not safe until they're dead.

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  • They seriously need an ass whipping !

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  • Where I live, you can kill them if they break into your house.

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