Re: Breaking and Entering Assault charges.
Ok I'll educate you on US Common Law
There are three classifications of visitors on land:
Invitee (when inviting in the general public or someone for business dealings), Licensee (non public, invited person), and Trespasser (uninvited).
Invitee you have to warn of all hazards and check the premises for all hidden dangers(highest level of care).
Licensee - duty to warn relating to hazardous conditions
Trespasser - Duty to warn of only the most perilous conditions and to not willfully injure (like a trap door that shoots at trespassers when they open it).
However a lot of states, NY to be specific, have a duty of reasonable care to all people who enter one's property and eliminated the above mentioned classifications so it's more of a case by case basis.
FYI this is Civil law.
Generally criminal law common law says that a man's home is his castle so you can fuck someone up if they enter your castle. Same in NY, no duty to retreat when you're in your own home.
Last edited by SuperBrawl; 04-12-2012 at 09:09 PM.