Walk It Through: The Intruder
A presumption at home, no duty to retreat, immunity for justified force, and an arrest made by custody.
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. The exceptions to the presumption, defense of property, and the rules for officers' 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.
- ArrestComplete when the person submits to an officer who has indicated an intention to arrest, or when the officer takes the person into custody by physical force; the officer then says it is an arrest and why, unless the cause is evident.
- Concealment of merchandiseWillfully concealing a store's unpurchased goods while still on the premises, a misdemeanor; goods found concealed on the person are evidence of willful concealment.
- Impaired drivingDriving while under the influence of an impairing substance, after consuming enough alcohol to have a concentration of 0.08 or more, or with any amount of a Schedule I controlled substance in the blood or urine.
- Domestic violenceCausing or attempting bodily injury, placing someone in fear of imminent serious bodily injury or continued harassment, or a sexual offense, against a person by someone with whom they have or had a personal relationship.
- Immunity for justified forceFreedom from civil or criminal liability for force used as the self defense sections permit.
- Presumption of reasonable fearWhat the law presumes of a lawful occupant of a home, motor vehicle or workplace who uses deadly defensive force against someone unlawfully and forcefully entering, if they knew or had reason to believe it was happening.
- Pretrial releaseRelease before trial on at least one of the conditions the statute lists: an unsecured appearance bond, custody of a supervising person, a secured bond, or house arrest with a secured bond.