21 February 2017
 Categories: Law, Blog

When you trespass on someone's property or invade their home, and you are attacked by the homeowner and are injured in the process, do you need a criminal attorney for your defense, or do you need a personal injury lawyer? Law is never clear-cut, since many disciplines overlap. On the one hand, you were where you should not be, with possible intent to harm, while on the other hand you were severely injured by the homeowner in the process. Here is what you need to do regarding your case.

If You Are Being Charged

If you are being charged with home invasion or trespassing, it is not in your best interests to pursue a personal injury case. Doing so lets the judge in your home invasion/ trespassing case that you were someplace you say you were not. By pursuing your personal injury case against this homeowner, you are declaring that you are guilty on charges of home invasion or trespassing.

If you left behind DNA evidence (e.g., blood), and you feel that you should receive some compensation for being stabbed, cut, or shot, you could file a case. Since your blood is already present at the scene and you cannot deny it, adding a personal injury case to your legal stack will not alter the charges or the outcome of your pending criminal case. Just be aware that pursuit of such a case may appear frivolous or indifferent to the person whose home you invaded or whose property on which you trespassed.

Why You May Still Have a Personal Injury Case

In some cities and states, it is not lawful that homeowners can harm an intruder, nor is it harmful to hurt someone who has stepped onto your property with intent to visit the homeowner. As such, self-defense may not be a worthy legal defense for the homeowner, and you may sue for your medical bills and treatments, despite the fact that you were the one in the house or on the lawn without permission. These bizarre laws vary from state to state, and only about a third of all states have a "king of your domain" self-defense law for homeowners who maim or kill intruders. Ask a general law attorney what the laws are in your state to see if you can pursue a personal injury case while you are on trial for home invasion and/or trespassing criminal case. 

For more information, contact companies like Erickson Law Office.