Burglaries are very common in the US—one happens every 15 seconds, and 47% of burglaries are unplanned. Often, it happens when a property is empty, but there are times when the homeowner is in residence. Home invasions can end up violence. A Department of Justice report found that 60% of rapes happen during a home invasion, which is a horrifying statistic.
Understanding Self-Defense Laws
Self-defense laws allow people to use reasonable force to protect themselves or others against violence or harm if there is an imminent threat, and in 2021, 386 people were involved in justifiable homicides. However, the exact parameters of legal self-defense vary between states and situations. If you shoot an intruder in your home, you may have a valid self-defense claim but could still face criminal charges. Consulting a criminal defense lawyer to handle your case can help protect your rights.
Most states have some version of the Castle Doctrine, which gives you the legal right to use deadly force against intruders in your own home when you reasonably fear for your life. However, there are limitations. For example, in some states, including Alabama, Nevada, and Texas you have a duty to retreat or avoid confrontation if possible before using deadly force. The level of force must also match the threat – you can’t shoot an unarmed trespasser.
Other key factors include:
- Whether the intruder was actively attacking or just stealing property
- If you could have safely retreated or called the police instead
- If you provoked the conflict in any way
The details of the specific encounter matter when determining if a self-defense claim is valid.
Why You May Face Charges Anyway
Even if you have a strong argument for self-defense, prosecutors have discretion on pressing charges. You may find yourself charged with manslaughter, assault with a deadly weapon, or even murder depending on the exact circumstances.
Some common scenarios that could lead to charges include:
- Shooting someone in the back or side as they’re fleeing
- Firing multiple shots beyond what’s necessary to end the threat
- Mistakenly shooting a family member or bystander
In one horrifying case, a homeowner shot and killed a young woman after she and her friend pulled into the wrong driveway by mistake in rural upstate New York. In another case, a homeowner shot a young Black teen after he knocked on the wrong door to collect his siblings.
Prosecutors and jurors may see shades of gray in the situation that complicate a black-and-white self-defense claim. Having an experienced criminal attorney on your side can help overcome these challenges.
How a Lawyer Can Defend Your Rights
The biggest benefit of consulting a criminal defense lawyer is having an advocate on your side from the start. An attorney can:
- Advise you on interacting with police and prosecutors
- Proactively gather evidence and witness statements to support your innocence
- Identify any legal missteps by police during investigation
- Negotiate for reduced charges or push for no charges at all
- Mount an aggressive defense in court if necessary
Self-defense cases often hinge on nuances. Small factual discrepancies can make or break the claim. Experienced criminal lawyers have handled many similar cases and understand the precise elements needed to prove justified use of force.
