Can i shoot someone if they break into my house

September 2, 2020 | Criminal Defense

A common question people ask, no matter what part of the country they come from, is if it is okay to shoot someone who breaks into your home. In Kentucky, the answer is usually “yes.” However, there are a number of details and key concepts related to this topic that are important to understand.

First of all, because self-defense laws vary from state to state, you first have to determine what the law says in your state. Kentucky’s self-defense laws, for example, are spelled out in Revised Statute 503.050 and clearly state that “The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself…”

In fact, Revised Statute 503.070 goes one step further and permits the use of force in defense of another person as well.

With that being said, there are still several other key points that are important to understand about self-defense in Kentucky.

The Castle Doctrine

The Castle Doctrine is a concept that comes from English Common Law. According to the doctrine, a person’s home is their castle and they have the right to defend it without a duty to retreat or attempt to retreat first. 

The Castle Doctrine, or at least some form of it, is quite common and is found in many states around the country. What this means is that in most states and most cases, shooting an intruder in your home will be seen as an act of self-defense or as an act of defense of another, as long as:

• the intruder entered your home illegally
• you were not in the process of committing a crime
• you had the right to be where you were
• you were not the original aggressor

There is a distinction, however, between one’s home and their property. In many states, while you can shoot a person who breaks into your home and claim self-defense under the Castle Doctrine, there is a higher standard if they are just on your property.

If a person is trespassing on your property, before you would be legally allowed to shoot them and claim self-defense they would have to act in a threatening way to the point that you felt as though deadly force was necessary in order to protect yourself or another from kidnapping, death, forced intercourse, or serious harm.

What About Stand Your Ground Laws?

Over the last few years, “stand your ground” laws have been a buzz word around the nation. Like the Castle Doctrine, stand your ground laws allow for a person to use deadly force if they believe they are facing imminent danger and that such force is necessary to protect themselves or another from it. 

However, unlike the Castle Doctrine which only applies to a person’s home, stand your ground laws eliminate the duty to retreat no matter where the incident occurs. This means that a person can use deadly force (like shooting) wherever they are if they follow the criteria laid out above.

The state of Kentucky is a Castle Doctrine state and is one of the many states in the country with stand your ground laws on the books.

It is important to note, however, that even in states like Kentucky with stand your ground laws, you do not have the right to physically attack anyone at any time. The exact language of such laws varies from state to state and there are many important differences. 

Just like with the Castle Doctrine, you cannot claim self-defense under a stand your ground laws= if you were the original aggressor, or if the force used is deemed excessive. Finally, self-defense cannot be used as a defense in the state of Kentucky for resisting arrest.

Hire a Qualified Criminal Defense Attorney

If you or someone you know has or ever does have to use force against an intruder or attacker it is important to know and understand the various laws in Kentucky or whatever state you reside in. It is also important that you remain silent when questioned by police. Anything you say in a statement to police will be used against you. 

Consult with a qualified criminal defense attorney before claiming self-defense. They will know the legal intricacies of such a defense and make sure your self-defense claim is filed according to all applicable and proper procedures.

To learn more, call our Louisville criminal defense law firm at (502) 371-7000 or visit our contact us page to send us an email.

In this crazy world we live in, one never knows when you may experience a threat to your life, your family or loved one’s lives, or your property.  Thankfully, the law does provide several defenses and laws to enable you to protect yourself and others.  Several examples are provided below on how these defenses could play out, but these situations are always very fact specific and depend on the circumstances.  For these reasons, nothing in this post should be considered as legal advice for your specific situation.

When and how can I use self-defense or defend others?

Generally, the use of force against a person posing a threat must be reasonably necessary to protect yourself.  Further, the amount of force must be reasonable as well.  For example, if someone is squirting your with a water gun you cannot attack them with a baseball bat.  On the other hand, if someone is attacking you with a stick you could probably defend yourself with a similar object.  You can likewise use reasonable and necessary force to defend another person.

When may I use deadly force?

Deadly force may only be used if you reasonably believe that action is necessary to prevent death or great bodily harm or in lawful defense of another.  If someone is vandalizing your car, you cannot shoot them with a gun.  If a 100 pound boy tries to punch a 200 pound man, the larger man cannot stab the boy with a knife.  It may be a different story if the 200 pound man tries to attack the 100 pound boy.

In any case, you cannot be the aggressor (i.e., you cannot start the fight and later claim self-defense), but there is no duty to retreat unless you attempt to use deadly force against a non-deadly threat.

What about protecting your property?

Reasonable non-deadly force may be used to protect property.  If someone snatches your purse, you could spray them with pepper spray, but you could not fire a gun at them unless the attacker attempts to cause you great bodily harm.

What if someone threatens my house?

Deadly force may be used in defense of your home or residence if you reasonably believe the attacker intends to kill, inflict serious injury, or commit a felony in the residence.  If you come home during the day and someone is stealing your tools out of your shed, you could physically try to prevent them from taking your property, but you can’t always use a firearm or other deadly weapon in that situation.  Of course, if someone tries to break into your home during the middle of the night, it’s likely reasonable to use a deadly weapon to protect yourself.

If you end up in court having to prove you acted lawfully in defending yourself, the State has the burden to prove you did not act in self-defense beyond a reasonable doubt.  All of the above examples and similar situations would likely boil down to an issue for the jury to decide.  In any situation like this, call 911 if possible and only use as much force as you absolutely have to do confront the situation.

If you have questions about legitimate ways you can defend yourself, give us a call for a consultation to discuss your rights. Our team is located across North and South Carolina.  To talk to a member of our team anywhere in the Carolinas, call 888-748-KING (5464).