Criminal Law

Use of force in home defense:

• The use of force is justifiable only if the actor first requests the intruder to desist from his interference with the property, unless the actor reasonably believes that:
• Such request would be useless,It would be dangerous to the actor or another person to make the request, orSubstantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
• The use of deadly force is not justifiable in the defense of premises unless the actor reasonably believes that:
  • The person against whom the force is used is attempting to dispossess the actor of his/her dwelling otherwise than under a claim of right to its possession; or
  • The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other criminal theft or property destruction; except that
• Deadly force does not become justifiable under A or B unless:
  • The person against whom it is used has used or threatened deadly force against, or in the presence of the actor or
  • The use of force other than deadly force to prevent the commission or consummation of the crime would expose the actor, or another in his/her presence, to substantial danger of serious bodily harm.

These are defenses to criminal charges which will be brought against you if you defended yourself. Even if the prosecutor or police decide not to bring criminal charges against you or if you are successful in proving that you were protecting yourself as permitted under certain provisions of the criminal code, the attacker if injured still may attempt to bring a civil suit to recover for any medical expenses or injuries incurred.