There are few scenarios as disturbing as one’s home being burglarized or invaded. The thought of having an uninvited person enter your property while you are home or not, and then taking your stuff, holding you or your family hostage or committing violent acts is an unthinkable event most people are unprepared for.

A “home invasion”, is the crime of entering a private and occupied dwelling, with the intent of committing a crime, often while threatening the resident of the dwelling. It is not a legally defined offense (federally) in the United States. One would think that when a horrendous crime like this occurs that the intended victim can and should do whatever is possible to defend themselves.

In this disturbing article in the UK, a homeowner fought back and attacked his attacker, freed his family and got 30 months in jail. This is a USA problem too and unfortunately, is not a new problem. In a court of law, people have been claiming “self defense” since the beginning of time. However, in a litigious society such as ours that defense is often abused which has required the courts to look very close at each incident. Unfortunately, justice isn’t always served and common sense goes out the window.

State to state courts have come to different conclusions as to what a homeowner can and cannot do when defending themselves from a home invasion. It is important to read up and do your homework to determine what your options are and what the laws in your state are.

To prevent a home invasion:

Always lock your doors, even while you are at home
Never open your doors to a stranger no matter who they say they are
Install an alarm system and keep it on during the day while you are home

Install security cameras that record motion 24 hours a day. This would help in court.

See Robert discussing home invasions on the Montel Williams Show

Robert Siciliano is a personal security and identity theft expert for Home Security Source. (Disclosures)

Tags: ADT, Home, Security, adt, systems

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Comment by Robert Siciliano on January 15, 2010 at 4:19pm: touche Reagar!

Comment by Reagar on January 15, 2010 at 2:56pm: @The guy under this comment. I have all of that, except for the shepherd, I have a mckinsey valley wolf Shepherd mix. But if all that fails, i have a shot gun under the bed. Yea the Security system has a battery incase the wire is cut, yea the cameras are on all day and send the video to a server in my house, yea the dog is trained to kill on contact if someone should come in unexpectedly, but in case ALL ELSE FAILS, to hell with the cops, meddling nosy bastards, I'll take the gun over waiting for the police any day of the week, once the threat is "eliminated" then I'll consider calling the cops to clean up the mess on my front lawn.

Comment by Robert Siciliano on January 6, 2010 at 5:13pm: Serious question. How many of you gun toting cowboys have a home alarm that is turned on during the day and at night while you sleep? I know that when I'm sleeping, I'm pretty much out of it and less than responsive.

Understand that the attackers tool of trade is the element of surprise. They attack from behind, the side or use a distraction up front. They attack when we are the least aware. Law enforcement officers who have warrants to be served on dangerous criminals prefer the hours of 2-3 AM. This is when most people are in their deepest sleep. So in response I have an alarm on at night, doors locked and a German shepherd. I also have cameras as a deterrent.

I'm all about eye for and eye and doing whatever it takes to prevent/stop the badguy. But always keep in mind they are often ruthless and heartless and very violent. Having extra layers of protection is essential.

Comment by Billy Dunn on January 6, 2010 at 5:01pm: Oklahoma has what they call "Make my day law" that was passed just for that reason. If anyone comes onto your property and your are in fear of your or your family's life or bodily harm or damage to your property they are paid for. Use what ever force that is needed to end the threat. My 12 guage with # 2 or # 4 shot is sure to change their mind. Would not bother me at all to end it for them. I am to old to cave in to that kind now.

Comment by Keith on January 6, 2010 at 4:50pm: Right, the world of crime should be safe. /sarcasm(Though, people do believe that)
This is one of the many reasons I love Washington we have a Stand Your Ground Law where you can excersise self defense anywhere,
@Eric isn't that a Canadian law?

Comment by Reagar on January 6, 2010 at 3:45pm: I don't call 911, I have a shotgun.

Comment by Gerry V. on January 6, 2010 at 3:20pm: I don't think the burgarlar will mind waiting while I run out to buy a security camera. My doberman will keep him company while I'm gone.

Comment by john joshua sweet on January 6, 2010 at 2:27pm: The Only real problem for the British home owner was that when He saw the suspects and he chased them if he had done what was necessary on his own property there would not have been a problem that would land him in jail

Comment by Eric Fox on January 6, 2010 at 10:30am: New Rule: If someone is on your property without permission, you are allowed to exercise whatever force is needed to get them OFF said property, short of killing or mortally wounding them. Guns can be used, but only single shots and only to hamper the criminal by hitting their leg or arm. If you happen to have rope and a free chair by this time, you may tie them up, but not torture. Police must be called at the earliest opportunity.

This is common sense, though overly explained. If anyone broke into my house, they're not walking out.

Comment by Robert Siciliano on January 6, 2010 at 6:27am: I appreciate the colorful commentary and AGREE!!!!!!!!!!!!!!!!!

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