Defense of Home and Property: Salt Lake City Defense Lawyers Discuss How Far You Can Take it
A homeowner, who allegedly fired two shots at an alleged burglar, was arrested along with the alleged burglar who broke in to his home. A Salt Lake City defense lawyer can tell you in what situations you can defend your home with a gun. If you do so in the wrong situation you can get in a lot of hot water.
As you might assume, it is a criminal action to use a gun to shoot someone. However, the situation changes and you can use deadly force when you are defending yourself or others if you believe your life or someone else’s life is in jeopardy.
That is what homeowner Clare Niederhauser failed to comply with, leading to his arrest. Although Niederhauser was arrested and then immediately released, the arresting officer said even though Niederhauser could legally carry a concealed weapon, he was not authorized to shoot at someone who did not pose a threat of serious bodily injury to him.
Events that lead to the incident started when Niederhauser returned home to find a car in his driveway and his door forced open. The car honked and a man came out of the house and Niederhauser grabbed his gun and held the alleged burglar Robert Santos Cruz at gunpoint. Niederhauser fired a shot when the car then started to drive off. Niederhauser called 911, and after an officer arrived Cruz started to bolt, and Niederhauser responded by firing a shot into a field. He complied when the officers told him to put his gun away.
Salt Lake City defense lawyers can help you if you have been arrested for improperly guarding your home, using too much force, or if you are charged with burglary or any other crime.
Clay A. Alger, a Salt Lake City defense lawyer at the law offices of Shumway Van & Hansen, always offers free consultations and often times can schedule an appointment within 24 hours. If you need help with a legal situation please call now to speak with an attorney and to prepare for what lies ahead.