Quote:
In order to use deadly force, the person you are using the force against MUST be active, in ALL of these categories:
MEANS: The person MUST have the means (weapon) to carry out a lethal threat.
MOMENT/OPPORTUNITY: The person MUST be in the act of carrying out the lethal threat, AT THE INSTANCE YOU USE DEADLY FORCE.
INTENT: The person MUST have shown--or demonstrated in such a manner that a "reasonable person" would believe that their IMMEDIATE intent is to carry out the threat AT THAT MOMENT.
|
Powderman, this might be true where you live, but not here in NC.
Here's a section from the NC dept. of justice....
(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence,
or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.
Yes, in NC, you can be legally killed while just trying to force your way into another person's home, even if you're unarmed, if the homeowner believes that you
MIGHT inflict serious bodily harm OR if the homeowner
believes that you INTEND to commit a felony (like burglary or rape for example).