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Old September 29, 2009, 01:57 PM   #12
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Just to clarify, typically you need to show three things of your attacker to justify the use of lethal force in self-defense:

1. Ability to inflict death or serious bodily injury (Ex: Possess a knife)
2. Opportunity to inflict death or serious bdily injury (Ex: close enough to stab you with the knife, not 200yds away)
3. Intent to inflict death or serious bodily injury (demonstrated by actions or words)

Many states have laws that say that someone unlawfully breaking into your home is enough to create a presumption of reasonable fear of imminent death or serious bodily injury. That means the State will presume you had a reasonable fear of death or serious bodily injury (justifying the use of deadly force in self defense) in that situation unless the evidence shows otherwise.

Technically speaking, this isn't the "Castle Doctrine" in the sense of the recent law reforms pushed by the NRA; but it is a closely intertwined concept and the original poster's question relates to this in the sense that you need to know what your state considers your "Home."

This doesn't mean you can't claim self-defense successfully outside the home. It just means you will not be able to rely on that particular law to create the presumption that lethal force was justified. So you'll have to go the longer route of showing that your attacker did meet the elements discussed above instead of just showing your attacker was unlawfully in your home.

Clear as mud?
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