In today’s episode Chuck talks about using Deadly Force against Home Intruders. He explains how the situation should be looked at, and goes over the justification which you would need to make in order for the State to agree that the use of deadly force is justified.
Today’s legal advice section is going to be about the Use of Deadly Force in defending your home.
I will do another one of these in regard to using deadly force outside of the home, but lets start with the home.
Hypothetically you are at home with your family at night, you hear somebody trying to get in through the door, until they are a little bit more – they take the next step – that door begins to open, or gets smashed in, or the lock is being broke or the door is being opened, I would not – because I am conservative in the use of deadly force – I would not use a gun or anything else, until that person has taken that extra step.
I’m not talking about where he is completely in the home and half way down the hallway, but I am talking about where he has gained entry. Maybe not completely, but he has gained entry, and you know that person will take another step and will be completely in the home.
You have to be able to articulate at some point to the police that you were justified in shooting that intruder. Not just because he was gaining entry to your home, but that you were in fear for your life or your family’s life and safety. Then you have the right to use deadly force to keep that person from doing something, burglarizing your home, or attacking your family, or attacking your family, or whatever.
Every single case is different. All of the facts are different. But again, my thoughts are, I’m conservative in the use of deadly force. Because I am damn well going to make sure that that is the last alternative that I have.
I’m not going to go up and hit the guy with a baseball bat, you don’t want to get within his reach because if he has a knife you might get stabbed.
In a situation you have no obligation under Arizona State Law to retreat, to go hide in the bathroom with your kids and your wife.
But again, be able to justify the use of deadly force. It probably would be scary for anybody, in the middle of the night someone breaking in, or even during the day you could find somebody there who shouldn’t be there. Especially with women taking care of kids at home, and guys taking care of kids at home nowadays.
If there is an intruder, you have that right to use deadly force to stop him in his tracks.
The next segment that we do here, will be a segment involving if you are on the street, or in your car, when you can use deadly force.
At Chuck Franklin Law we have been representing individuals charged with Criminal Defense matters since 1987. We have the experience necessary to investigate your matter and help you to organize your evidence to prove that your use of deadly force was justified. Contact us today to speak with a real attorney, not a secretary or a paid closer about your case by contacting us online or calling us at 480-545-0700!