2 ms·
No, it depends on state, and it is (in all states?) more subtle than that. Speaking broadly, the intruder must enter unlawfully and/or forcibly, and you must ha
by Pinckney 15y ago
No, it depends on state, and it is (in all states?) more subtle than that. Speaking broadly, the intruder must enter unlawfully and/or forcibly, and you must have a reasonable belief they intend to commit some felony. Generally law merely creates a presumption that the resident had a reasonable belief that the force was necessary to protect themselves (or stop said felony), and this could be refuted in court.
Generally speaking, if you do not have a reasonable belief that such force is necessary, lethal force is not lawful, even if someone is breaking into your home. However, in that case, one might nevertheless escape conviction for use of lethal force thanks in part to that presumption.
http://en.wikipedia.org/wiki/Castle_doctrine http://en.wikipedia.org/wiki/Castle_doctrine