Can you shoot a robber in your house

The State v. Peacock and Graham v. Here in Ohio, you have the legal right to defend yourself and family from an intruder intending to cause you harm. While you certainly do not have a license to kill, you do have the legal right to protect yourself and your family. April 11, Criminal Defense Whether you live in a house, apartment, or trailer, you should be able to enjoy a sense of security in your own home.

The Castle Doctrine in New Mexico will justify the use of deadly force in the situation where:. All of the above conditions must exist to have the legal defense work in court for you. This means that even if you were defending yourself and your home, you could still end up charged with a crime.

You will have to convince the jury that you used deadly force but you were legally justified to do that. These cases are complex and often may end in a completely unexpected way. This is why a skilled criminal defense attorney is a must. To avoid risking your freedom and facing serious charges, be sure to consult our criminal defense attorneys at FBD Law. Furthermore, you should NOT provide confidential information to anyone at our law firm in an e-mail inquiry or otherwise unless we have FIRST entered into a representation agreement.

The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. By continuing on to our web site you are deemed to have agreed to these terms and conditions. Contact Us About Your Case. Freedman John W. It is also important to note that the right to use deadly force ends when the individual no longer has reason to believe the other person will cause them harm, either because they have fled or for some other reason.

For example, if someone breaks into your home with a weapon in the middle of the night, you will reasonably fear that he or she intends to harm you. The castle doctrine allows you to use deadly force against the intruder as long as there is an imminent threat. If a group of unarmed teenagers trespasses on your property in the middle of the day, the use of deadly force will likely not stand up in court.

Californians are not only permitted to take defensive action in their homes or on their personal properties; they may also act in self-defense if they are attacked, threatened, or otherwise believe they may be harmed by another person, regardless of where they are. Under previous Ohio state laws, you could claim self-defense if you shot an intruder in your home. However, you and your criminal defense lawyer had to claim self-defense and prove all of the legal elements required for a self-defense claim.

In other words, you had to prove that you shot the intruder because you feared for your life or the lives of your family members. In , the laws regarding self-defense changed. The legislation changed several of the gun laws in Ohio, including self-defense. The new law shifts the burden of proof to the prosecution. The prosecution now has to prove beyond a reasonable doubt that you did not use force against another person in self-defense or defense of your home.

In other words, your burden to prove that you acted in self-defense or defense of your home is less than it was before the enactment of the new law. Yes, Ohio is one of nearly two dozen states that recognize the Castle Doctrine. There are several legal elements that you must prove to use the Castle Doctrine as a defense in a criminal case:.