Which jurisdictions? Is this in the US? I’ve lived in a bunch of European countries and in none would you be charged with murder in that situation.
https://www.hrr-strafrecht.de/3/15/3-199-15.php
But there was even a case, where a hells angel shot a police officer in his home who were doing a raid - and got free (because they did not identify themself as police).
https://www.lto.de/recht/hintergruende/h/bgh-spricht-hells-a...
> But there was even a case,
I don't know the details of the case, but if somebody thought some criminals are raiding his house with guns and it's reasonable the he thought that, then he's fully within his rights to defend himself and, depending on the necessities, by shooting at them.
Still terrible what happened, of course.
No it does not in germany (and I think most other states of the world).
If fleeing is a safe option - this is what you have to do instead of shooting. Reality just seldom is so clear.
> Allerdings gilt besonders hier der Grundsatz, dass das Unrecht dem Recht nicht zu weichen braucht. Man darf sich zur Wehr setzten und muss nicht flüchten.
Translation: > However, the principle that wrongdoing need not give way to what is right applies here in particular. One is allowed to defend oneself and is not required to flee.
I believe that's pretty common and a sane approach.
"In bestimmten Situationen kann das sonst umfassend geltende Notwehrrecht eingeschränkt sein. Dies ist dann der Fall, wenn die Verteidigung außer Verhältnis zum Angriff steht."
"Besonderes gilt bei dem Einsatz von Schusswaffen."
"Auch wird das Notwehrrecht eingeschränkt, wenn der Angriff von schuldlos Handelnden wie Kindern, Betrunkenen oder Geisteskranken ausgeht. Hier muss zunächst versucht werden, dem Angriff auszuweichen. Erst wenn ein Ausweichen nicht möglich ist, ist eine Notwehrhandlung geboten"
In other words, my statement above was in those words indeed not exact correct - you don't must flee before shooting, but germany does not has a "home is your castle" law.
Generally however, you don't have to flee and the defence doesn't need to be proportionate to the attack or what you are defending.
You just generally have to choose the mildest defence available to you that you can reasonably know having under an ongoing or imminent attack - you don't have to "take your time and look around" if some milder defence is around the corner.
Presumably not the UK?
https://en.wikipedia.org/wiki/Tony_Martin_(farmer)
"Anthony Edward Martin was an English farmer who shot two burglars in his home [...] was convicted of murder, which was later reduced to manslaughter on grounds of diminished responsibility"
> The prosecution accused him of lying in wait for the burglars and opening fire without warning from close range, in retribution for previous break-ins at his home.[13]
No warning shot.
He also llegally bought a semi-automatic pump shotgun, possibly with the explicit plan to kill the intruders (as he got robbed in the past).
He also shot at them while they were fleeing.
So, yeah, in this particular case the judge decided that what he did was not covered by the law.
Local news say otherwise
They make money reporting what people want to read and that's not necessary what's true.
They may have been confusing or deliberately conflating things with the fact that in most western jurisdictions, you are not allowed to kill, for example, a fleeing trespasser or burglar. This is viewed as an entirely different situation from one where you are being threatened directly with immediate physical violence.
If someone comes through your home door guns akimbo in the US, blasting back is fine
US Supreme court has often leaned heavily on right to protect self in one's own home in ruling against local and state laws that might ban ridiculous things.
Unless that someone is a cop, of course.