illegal trespass with violent disposition
- Thread starter REBELLZ
- Start date
Castle Doctrine law.... He comes onto (off the easment) your property YOU HAVE THE RIGHT to assume he is there to hurt you, also with that demeaner, I would have shot him... Said and Done!
Edit: My interpertation has it coming onto property, I may be wrong and they must enter house
Edit: My interpertation has it coming onto property, I may be wrong and they must enter house
Last edited:
Well, since the castle doctrine law has been passed no one has really tested the whole on your property compared to in the house, but if he was making threats and made any sort of movement or gesture that he was about tho harm you in any way, you should be safe
Most problems with start with not heading them off with forceful action in the beginning, I think you stepped up the force well and should notice a a lack of problems, unless you gave them enough confidence to push the issue. good luck and if you need it I am always up for a road trip to rice
Sadly the Sheriff is right. It is a civil matter, that is unless one or the other of you begins shooting.
I would hire an attorney and have HIM do what's necessary to get restraining orders if necessary. A good attorney will do you a lot more good than trying to wander through the maze of the legal system on your own. If you have a good case and prevail you could also end up with attorney fees (yours) being assessed against this jerk.
I've seen some easement issues around where I grew up resolved with a backhoe. Parking on your property??? A nice 5' deep ditch along the easement drive, from public road to his property, would certainly keep the parking to a minimum.
Bit of friendly advice, don't shoot anyone just because they are trespassing on your land. Carefully read the law covering the use of force for Self Defense. You have to make it clear to everyone from Sheriff to Prosecutor and in turn possibly a Jury that you not only feared for your life but it was a valid fear. If he takes a shot at you that would qualify. If he breaks into your house and is threatening you, good to go. Just pissing you off because he's a jerk and comes onto your property, not good.
I would hire an attorney and have HIM do what's necessary to get restraining orders if necessary. A good attorney will do you a lot more good than trying to wander through the maze of the legal system on your own. If you have a good case and prevail you could also end up with attorney fees (yours) being assessed against this jerk.
I've seen some easement issues around where I grew up resolved with a backhoe. Parking on your property??? A nice 5' deep ditch along the easement drive, from public road to his property, would certainly keep the parking to a minimum.
Bit of friendly advice, don't shoot anyone just because they are trespassing on your land. Carefully read the law covering the use of force for Self Defense. You have to make it clear to everyone from Sheriff to Prosecutor and in turn possibly a Jury that you not only feared for your life but it was a valid fear. If he takes a shot at you that would qualify. If he breaks into your house and is threatening you, good to go. Just pissing you off because he's a jerk and comes onto your property, not good.
This is good advice. There should never be a thought of "I believe it's legal for me to shoot him at this point". You're looking for an excuse, and you know it if your analyzing the situation from that perspective. You should only shoot someone because you have no choice in order to protect you and yours from imminent danger. And if that's the case, I'm not sure I'd worry about whether or not I'm covered...
My advice would be to pull the video down and post as little as possible. What you don't say can't be used against you. In the video I saw, your life was never in danger and you would not have been justified in shooting. He had no visible weapon and was not close enough or advancing rapidly to put you in eminent danger. Also I would not have threatened to shoot him if he came on the property again, maybe told him he was trespassing and stood my ground holding my weapon. Again what you don't say can't be used against you. It is always easy to second guess these situations and I am not judging you, just what I saw as I was not there.
Welcome aboard this site and thanks for sharing your experience, hopefully we can all learn something from it.
Welcome aboard this site and thanks for sharing your experience, hopefully we can all learn something from it.
Sure it is.
RCW 9A.16.050
Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
RCW 9A.52.025
Residential burglary.
*** CHANGE IN 2011 *** (SEE 5891-S.SL) ***
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, the sentencing guidelines commission and the juvenile disposition standards commission shall consider residential burglary as a more serious offense than second degree burglary.
RCW 9A.52.040
Inference of intent.
In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.
I knew it!
without going into details, as all my previous posts have been erased(by meself), I was DEFINITELY within "reasonable ground" to "apprehend a design" due to the "imminent danger" of such design being accomplished(previous contact with subject being a threat of shooting me witnessed by a County Sheriff Deputy). Things have been VERY quiet lately tho. No complaints from me(as I learn and prepare more!). Thank you ALL for your input on this site. I've learned a heap or two and hope for more...
without going into details, as all my previous posts have been erased(by meself), I was DEFINITELY within "reasonable ground" to "apprehend a design" due to the "imminent danger" of such design being accomplished(previous contact with subject being a threat of shooting me witnessed by a County Sheriff Deputy). Things have been VERY quiet lately tho. No complaints from me(as I learn and prepare more!). Thank you ALL for your input on this site. I've learned a heap or two and hope for more...
I've been watching this thread as I have a similar situation.
I have a lot of trespassers thinking they have the right to go through my property to access State Land. I've gone so far as to speak to the head-honcho of the State DNR and all of his subordinates. I last worked with the Regional Officer in charge and since then, the volume of trespassers has diminished.
I have a CPL and carry every opportunity I can. When I'm on my property I do open carry as it's much more comfortable and when I do confront a trespasser their attitude is much better to deal with when they see my holstered sidearm.
Now I'm just dealing with neighbors who think they have rights to go through my property. Fencing 5+ acres is too expensive at this time. I guess it is true about Fences make good neighbors.
I have a lot of trespassers thinking they have the right to go through my property to access State Land. I've gone so far as to speak to the head-honcho of the State DNR and all of his subordinates. I last worked with the Regional Officer in charge and since then, the volume of trespassers has diminished.
I have a CPL and carry every opportunity I can. When I'm on my property I do open carry as it's much more comfortable and when I do confront a trespasser their attitude is much better to deal with when they see my holstered sidearm.
Now I'm just dealing with neighbors who think they have rights to go through my property. Fencing 5+ acres is too expensive at this time. I guess it is true about Fences make good neighbors.
posssibly...
my situation seems to be much different to me as the perpetrator is for the most part singular(excepting for the son and grandson thus far,big fam tho). The son has broken thru MY personal LOCKED(masterlock?) and posted gate(different gate and access then theirs!) Twice that I personally have witnessed(the last time he was told NEVER to return at the nose of a 9mm!). AND he(they) do have legal easement(ingress and egress) thru me(as well as the state and the timber co. Forest Capital)thru their OWN driveway WHICH is MY barn access road as well. The "father/grandfather" used to fire off a few rounds occasionally ON MY PROPERTY as he passed thru on HIS easement!!! trying to intimidate me for cutting the chain on MY other gate(which he uses) to access the rest of my prop(barn) because he would lock me off MY property!! My property is for the most part fenced and posted, especially the whole way from his easement towards my house His easement is almost thru the center or my 20 acres(13 my side, 7 beyond his easement)! I like the 5 foot ditch idea plus an 8 foot hi fence my side of that :rock: don't forget the lights and cameras :top: Still been VERY quiet lately round hear..cept for my son lerning his new 10/22 w/the crissy kit w/foregrip:rock: I love it!!!
my situation seems to be much different to me as the perpetrator is for the most part singular(excepting for the son and grandson thus far,big fam tho). The son has broken thru MY personal LOCKED(masterlock?) and posted gate(different gate and access then theirs!) Twice that I personally have witnessed(the last time he was told NEVER to return at the nose of a 9mm!). AND he(they) do have legal easement(ingress and egress) thru me(as well as the state and the timber co. Forest Capital)thru their OWN driveway WHICH is MY barn access road as well. The "father/grandfather" used to fire off a few rounds occasionally ON MY PROPERTY as he passed thru on HIS easement!!! trying to intimidate me for cutting the chain on MY other gate(which he uses) to access the rest of my prop(barn) because he would lock me off MY property!! My property is for the most part fenced and posted, especially the whole way from his easement towards my house His easement is almost thru the center or my 20 acres(13 my side, 7 beyond his easement)! I like the 5 foot ditch idea plus an 8 foot hi fence my side of that :rock: don't forget the lights and cameras :top: Still been VERY quiet lately round hear..cept for my son lerning his new 10/22 w/the crissy kit w/foregrip:rock: I love it!!!
I had a similar situation (same ballpark) with a house I owned a few years back. The neighbor in question would come and set up all their crap on my property because of the easement they had access to. They even tried to build a shed in the easement, stating it was *their property to do what they wanted*. long story short, I hired a lawyer and had him look into it. At the end of the day ingress and egress means *to come and go only*. It didn't give them the right to deface my property, or use it in any other manner. I had the lawyer handle dealing with them and never had an issue with them messing with my property again. Come to think of it I don't think they ever came back onto the easement at all. The doods wife was sooo mad at me for hiring a lawyer that she wouldn't even look at me or my wife, but the husband was civil after the dust settled. I won't buy a property with an easement again if I can help it. lol, I hope things work out for you and yours.
