Originally Posted by doekiller
Originally Posted by WmHunter
Originally Posted by doekiller
Originally Posted by CatHeadBiscuit
So in the middle of the night I hear a noise someplace on my property and I attempt to investigate it. Out pops a person scaring the life out of me. I put 3 in them center mass from my drawn pistol. Am I in danger of having breached the requirements of the castle doctrine?



The answer would be very fact specific. It would depend on where the person was, are they in the house or attempting to enter the house? How far away from you are they when they jumped out? Where they armed? There are dozens of things that would make the answer turn one way or another.

Many of the cases where it is determined the person was justified in the use of force, still result in an initial arrest, the requirement to post bond and the need to hire a lawyer to defend you before the charges are dismissed.


How often does that happen when the situation happens at someone's home and the person shot is an intruder?

I would say that it isvery very rare that the homeowner/occupier is ever charged. Even before the Castle statute was enacted.


I would say it isn’t common. But, I’ve had one case in the last 18 months where the homeowner was charged. The judge granted my stand your ground motion to dismiss.

Most of the cases I’ve seen where the homeowner was charged were attempted murder/assault cases. Because there was a live victim to tell their story.

Empty the magazine to make sure the threat can't talk.

Dying ain't much of a living boy...Josey Wales

Molon Labe