Walk It Through: The Intruder
A presumption of fear against a forcible entry, defense of the household, and objectively reasonable force in the arrest.
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 night and one break in. Force short of homicide, defense of property alone, and the full deadly force rules for officers 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.
- AssaultAn unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
- BatteryAny willful and unlawful use of force or violence on another person, punishable by a fine of up to $2,000, up to six months in county jail, or both.
- Government claimA claim for death or injury to a person against a public entity, presented not later than six months after the cause of action accrues.
- Objectively reasonable forceThe force a peace officer may use to effect an arrest, prevent escape or overcome resistance. Deadly force is justified only to defend against an imminent threat of death or serious bodily injury, or to stop a dangerous fleeing felon.
- Great bodily injuryA significant or substantial physical injury, the harm whose reasonable fear the home presumption is about.