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How would this play out...

Elyria, OH |

I was wondering what would happen in a situation like this. If a robber has a concealed carry and a pistol. Then, if he robbes a house and gets shot at, can he shoot back legally?

I just had this thought at work and I couldn't think of a conclusion.
What would the courts conclude?

Attorney Answers 2

Posted

The short answer is no, he cannot shoot back legally.

You cannot claim self defense if you are at fault for creating the circumstances that lead to the physical confrontation (by, for example, robbing someone's house). The person in your example could be charged with any number of serious offenses including attempted murder, aggravated burglary, aggravated robbery, felonious assault, etc.

Matthew C. Bangerter
38109 Euclid Avenue
Willoughby, OH 44094
(440) 946-LAWS (5297)
www.bangerterlaw.com

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3 lawyers agree

Posted

The short answer is NO. The minute he elects to commit a crime, he forfeits the legal rights conferred by thr CCW permit. No Court would permit jim to use the law's protection (the CCW permit) when he violated the law (the burglary)

Atty. Dennis A. DiMartino
1032 Boardman-Canfield Road
Suite 103
Youngstown, OH 44512-4238
330.629.9030 Ext. 111 Phone
330.629.9036 FAX
Dennis.DiMartino@gmail.com

The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX Dennis.DiMartino@gmail.com

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