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In most American states, forcing entry into an occupied dwelling is presumptively considered a threat to life and limb. I'm not aware of any state in which one
by Gormo 13y ago
In most American states, forcing entry into an occupied dwelling is presumptively considered a threat to life and limb.
I'm not aware of any state in which one can legally defend property alone with deadly force, but it's always legal to resist force with equivalent force. Many states have rescinded "duty to retreat" laws, which means that you're under no obligation to yield to illegal force used against you no matter where you are.
It's not merely "defending property" if someone's trying to, say, carjack you at gunpoint, and you shoot them first; as soon as the assailant threatens you with violence, you're entitled to defend yourself.
- DominikR 13y agoOf course it is legal to always use equivalent force in Austria. If someone threatens your life by pointing a gun at you, you are allowed to use potentially lethal force. It's just that burglars here do not bring weapons with them (because they do not expect their victims to have weapons), so you cannot assume that your life is threatened, just because you see someone in your house. Of course, that might be different in other countries.