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JustZ ,
@JustZ@lemmy.world avatar

Only if done with criminal intent. You know, you’re allowed to break into your own house.

If you think it’s your house and it’s not, your mistaken claim of right negates the intent. You might assume your lock broke or something and your only intent is to get inside and take your drunk ass to sleep.

This is scenario where you wake up and find a trespasser asleep on your couch, you can’t just murder them, even if you can see evidence that they broke the window to get in.

There is no duty to retreat in the home, but deadly force is still only authorized to counter deadly force.

In places authorizing deadly force to repel a felonious entry, the intent to commit crimes once inside supplies the justification for force. You cannot know the intention from the mere fact that they are breaking in. That’s why you can’t blindly fire through the door at someone trying to break your door in.

If the person ignores commands to stop, ignores warnings, threatens you, says something like “this is a robbery,” or has a weapon, that’s a different story; there, it’s reasonable to infer their criminal intent.

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