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The Water Cooler
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<blockquote data-quote="TerryMiller" data-source="post: 3228884" data-attributes="member: 7900"><p>I am not an attorney, but I have worked with criminal statutes when I was at the OSBI. With that said, I have to agree that the homeowner negated the break-in aspect simply because he opened the door. In some senses, and a DA could go this route, it was almost like the homeowner was "inviting" the person outside by opening the door.</p><p></p><p>If there had been an actual shooting, I feel confident that the homeowner would have been charged with murder.</p><p></p><p>The differences between the misdemeanor and felony statues for "pointing a weapon" is that a misdemeanor occurs when one accidentally points the weapon and a felony when they intentionally point it.</p></blockquote><p></p>
[QUOTE="TerryMiller, post: 3228884, member: 7900"] I am not an attorney, but I have worked with criminal statutes when I was at the OSBI. With that said, I have to agree that the homeowner negated the break-in aspect simply because he opened the door. In some senses, and a DA could go this route, it was almost like the homeowner was "inviting" the person outside by opening the door. If there had been an actual shooting, I feel confident that the homeowner would have been charged with murder. The differences between the misdemeanor and felony statues for "pointing a weapon" is that a misdemeanor occurs when one accidentally points the weapon and a felony when they intentionally point it. [/QUOTE]
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