1. Cops have no legal duty to protect you, so you can't sue them and force them to take action. Further, if something happens to you, you can't seek a monetary award for professional neglect.
2. Second, use of force against a trespasser is a privilege that you only obtain if you have a reasonable fear that he is about to cause you great bodily harm. (A legal privilege is something that would normally be a crime but is allowed under the circumstances. It's what is called an "affirmative defense" in that you admit to the elements of a criminal act but plead an exception that allows it under the circumstances).
Him invading your home can create a presumption of threat in many jurisdictions. However, you can only use deadly force against a threat so long as they are creating a reasonable belief that they might harm you. For example, if they turn and run away, you can't pursue them and beat them with a bat, even if they grab some of your stuff.
3. If you do decide to do something to him, and the cops come DO NOT TALK TO THEM AT ALL. ONLY GIVE YOUR NAME AND IDENTITY and say "I WANT TO SPEAK TO A LAWYER" as the only response to any questions. Plus, you should only identify yourself if they place you under arrest. Until you are under arrest, you have no duty to identify yourself (unless you're in a traffic stop, because you are required to show an ID if you are driving a car. Note passengers DO NOT have to identify themselves.)
MAKE NO STATEMENTS without legal counsel. Not even about where you were, what you were thinking, why you did what you did....NOTHING. Repeat over and over, "I WANT A LAWYER, I WANT A LAWYER, I WANT A LAWYER."
4. Statements to police can only harm and cannot help your case. This truism is actually baked into the rules of evidence, in that a police report is actually hearsay evidence and thus, inadmissable in most situations. However, if you admit to some fact that harms your case, it becomes the hearsay exception known as "admission against interest."
Last edited by JohnnyV13; 08-16-2022 at 08:39 PM..
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