What is justifiable homicide?
Under the traditional law of self defense, a person can use deadly force only in response to the threat of death or serious bodily injury. In such a case, a homicide committed to protect yourself would be justified.
However, several states have expanded the right to use deadly force to situations where property is affected. In these states, the requirement that a person be in imminent physical danger has been relaxed.
Below are some examples of such state laws: - In Louisiana, the use of deadly force is justified when a person lawfully inside a home or motor vehicle uses such force against another individual who is attempting to make an unlawful entry into the home or vehicle, as long as the person reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave.
- In Colorado, the use of deadly force upon an intruder is justified if the user has a belief that the intruder might use physical force, no matter how slight, against any occupant.
- In California, a person who uses deadly force within their residence, against an unlawful intruder, is presumed to have had a reasonable fear of imminent death or bodily injury.
Do I Need A Lawyer?If you have used deadly force against someone, and were acting to protect yourself or your property, the defense of justifiable homicide may be available to you. You should contact a criminal defense attorney immediately. An attorney can inform you of the laws of your state, and explain how they may be used in your defense. |
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