Walk It Through: The Intruder
No duty to retreat, force against a forceful entry, and a presumption when preventing a burglary.
A parent wakes at night to a stranger forcing open the back door.
Two things a person in this spot might do. Picking one shows what the law says about it.
One house and one night. Occupied vehicles, the other listed crimes, and threats of force are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- AssaultIntentionally, knowingly or recklessly causing physical injury, intentionally placing someone in reasonable apprehension of imminent physical injury, or knowingly touching someone with intent to injure, insult or provoke.
- No duty to retreatThere is no duty to retreat before threatening or using deadly physical force if the person is in a place where the person may legally be and is not engaged in an unlawful act.