|
You Have To Find A Balance....
While its generally true that you don't have the responsibility to flee in a in-domicile situation you still have to consider the threat level.
A jury could consider that a patio, while part of a domicile, is external to the domicile and therefore the threat is less.
If the person on the patio has (what looks like) an MP5 that's different. Shoot.
If that person has a big stick and you have a big gun it might very well be better to take a step or two back and let them enter before stopping them profoundly.
|