Walk It Through: The Intruder
No retreat from a dwelling, a presumption against a forceful entry, and the force an arrest allows.
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. Standing one's ground elsewhere, attacks at work, and claims against a government unit 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.
- Deadly forceForce a peace officer is justified in using only when believed necessary to prevent death or serious bodily injury, or to prevent an arrest for a forcible felony from being defeated by resistance or escape.
- Simple assaultAttempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another, or putting another in fear of imminent serious bodily injury by physical menace; generally a misdemeanor of the second degree.
- Duty to retreatThe rule that deadly force is not justifiable if the actor knows the need for it can be avoided with complete safety by retreating. There is no duty to retreat from one's dwelling or place of work, apart from the exceptions the section sets.