Can i shoot a robber in my house




















In many states, while you can shoot a person who breaks into your home and claim self-defense under the Castle Doctrine, there is a higher standard if they are just on your property.

If a person is trespassing on your property, before you would be legally allowed to shoot them and claim self-defense they would have to act in a threatening way to the point that you felt as though deadly force was necessary in order to protect yourself or another from kidnapping, death, forced intercourse, or serious harm.

Like the Castle Doctrine, stand your ground laws allow for a person to use deadly force if they believe they are facing imminent danger and that such force is necessary to protect themselves or another from it.

This means that a person can use deadly force like shooting wherever they are if they follow the criteria laid out above. The state of Kentucky is a Castle Doctrine state and is one of the many states in the country with stand your ground laws on the books. It is important to note, however, that even in states like Kentucky with stand your ground laws, you do not have the right to physically attack anyone at any time.

The exact language of such laws varies from state to state and there are many important differences. What is Justifiable Use of Deadly Force? What if I defend myself against a police officer who is trying to unlawfully arrest me? What if I thought at the time I had to defend myself, but I was wrong? For example, if I shot someone who I thought had a knife, but he didn't? What if the person I used deadly force on has a violent reputation? What if I'm a lot smaller than the person that was threatening me?

Submit a Law Firm Client Review. Just because you were in your home and shot an intruder does not mean that you do not need an experienced criminal defense lawyer to help you prove you are innocent of the criminal charges brought by the state.

Prosecutors often argue that there was no immediate threat of harm or death or that you escalated the matter to the point of using lethal force. You can use deadly force to protect yourself and your family members, but the rules about protecting property are different. Under Ohio law, you cannot use deadly force to protect property against theft. For example, you cannot shoot a person who is in your yard stealing your car when that person does not have a weapon and is not posing an immediate threat of injury or death to you or your family members.

However, if someone uses a deadly weapon to commit aggravated robbery or armed robbery , that might be a different situation. You might have the right to use deadly force in those situations if you feel that your life is being threatened. There could be a question of whether you violated any of the duty to retreat requirements in those situations. Currently, in Ohio, you have a duty to retreat before acting in self-defense if you are in a public setting.

The requirement could change if legislators pass the proposed Stand Your Ground law. The right to defend yourself and your family from someone breaking into your home is permitted by law. However, proving that you acted in self-defense could be tricky, even with the new law shifting the burden of proof to the state.

If you shoot an intruder in your home, contact the police immediately to report the shooting. Then call a criminal defense lawyer for help.



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