How would this play out...

Asked over 2 years ago - 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)

  1. Matthew Charles Bangerter

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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

  2. Dennis Armand DiMartino

    Pro

    Contributor Level 11

    Answered . 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... more
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