Walk It Through: The Break In at Night
A door kicked in, a presumption about fear, a neighbor's call for help, and a thief in the driveway.
Late at night, someone kicks in the back door of a house where a family is asleep.
Two things a person in this spot might do. Picking one shows what the law says about it.
A home break in, a neighbor in danger and a car theft. Force against a peace officer, a lawful resident, and whether a particular use of force was justified are for a court.
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.
- No duty to retreatA person does not have to retreat before using deadly physical force where that force is otherwise justifiable.
- Physical injurySubstantial physical pain or any impairment of physical condition.
- Presumption of reasonable fearA person is presumed to have reasonably feared death or great bodily harm when using defensive force against someone unlawfully and forcibly entering a dwelling, residence or occupied vehicle.