IMHO, it doesn’t matter whether the threat was inside the home or outside the home, if you feel your life was threatened and you can articulate that you could not retreat then it is a justifiable use of self defense. The person who is threatening you is a step ahead already because he/she planned it and all you could do was react. You are the only person who knows the level of fear you felt. Inside or outside, if the threat is real now is not the time to second guess yourself.
6 Likes
From Utah law:
76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other’s unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
Notice in (a) where it says “made or attempted”. That says to me that if other criteria are met the person does not have to be inside of my house, at least not in Utah.
2 Likes
The word "reasonable’ turns up in often in Alabama defense law. That begs the question, who determines if your action was “reasonable”. I must assume it would be the judge and/or jury. Their opinion of the action is likely the only one that really natters. As we have read, way too often, politics can and does cloud things many times. Depending on how high profile your action might become can have many different and costly results to your future. I hope I’m not coming across as being against self-defense because that is far from the case. I would rather deal with my insurance company replacing and/or repairing than to deal with our courts in this day and time. I will defend, but my hope is I am not put in that position. Of course, this is my simple non-attorney opinion. I hope it does not come across incorrectly or is misunderstood. If the situation allows I like to think I’m cool headed enough to not unnecessarily take it to the highest level just because it might be reasonable.
3 Likes
Actually starts with the prosecutor to determine if charges are to be filed and what the charges might be.
2 Likes
IMO That is what this community is about. Train, train, train to assess the situation and react as you have trained IAW the laws of the jurisdiction you are in!
2 Likes
And even before that, with the responding LEOs who will decide if immediate arrest and detention are warranted. And whose opinions will likely have a lot of weight on whether further prosecution takes place.
2 Likes
Well said, there have been some very good responses. Thanks for your input!
1 Like