![]() ![]() However, killing someone over a trike is murder. Under this new law, barring any constitutional challenges, you can’t be sued. Warning!: Just because you can’t be sued by someone committing a crime, doesn’t mean you can’t be prosecuted for murder!Įxample: You whack a 4 year old stealing your kid’s tricycle. Nevertheless, like under the old law, if the injured person ceases all criminal activity and is “clearly retreating,” when he gets shot in the back of the head at 800 yards by your 45-90, either he or his heirs will probably be able to sue you. Stated another way, a person who is injured or killed committing a crime cannot recover civil damages against a person defending life or property. Before this year’s amendment, a person injured or killed by someone defending his home or property could recover civil damages if he proved he was “clearly retreating” and “had not committed a felony.” Now, the injured person or his heirs, if he was killed, must prove that he wasn’t committing any crime when injured. Now it is hands down the most protective. [Before 2012, Utah’s civil immunity statute may have been the most protective in the nation. Duty to retreat is the legal principle that would require you to back away from a threatening situation rather than use self-defense by deadly force.The legislature has made changes to Utah’s self-defense laws in 2011 and early 2012. You have a legal right to be where you are.Īdditionally, if your situation meets these requirements, you have “no duty to retreat” under Kentucky law.You were not engaged in criminal activity.There was a forceful and unlawful entry into your home, business, or occupied vehicle.The Castle Doctrine legally protects you in Kentucky under these circumstances. ![]() The law gives the resident the presumptive right to use or physical force or deadly physical force to repel any attacker or intruder. Under changes made to Kentucky law in 2006, a resident can almost always assume that the person breaking into their home means to cause harm. For example, some states rely on the courts to determine if the intruder intended to inflict serious bodily injury. The differences between state laws involve whether there is a duty to retreat or if deadly force was necessary. Most states have a variation of the Castle Doctrine in their self-defense laws. According to the doctrine, your home is your castle, and you have the right to defend it from intruders. The Castle Doctrine has its roots in old English Common Law, a body of unwritten laws based on legal precedents that were established by the courts. Call Suhre & Associates, LLC, to learn more with a free consultation. As a Kentucky resident, you should be aware of the laws in your state and how they relate to your right to defend yourself and your property.Īnd, if you’re charged with a crime of assault or homicide, it is imperative to contact an experienced Cincinnati criminal defense attorney right away. No one wants to be in this situation, but you need to be prepared if you are. can make things complicated and sometimes difficult to understand. Constitution’s second amendment states that “the right of the people to keep and bear Arms shall not be infringed.” However, federal and state gun laws that regulate the right to own and use firearms in the U.S. Is the intruder armed? Should I shoot him? If I do, could I go to prison? What are my rights? Time seems to stand still as your mind races with questions. Your heart thumping wildly, you reach for your gun and head down the hallway just in time to see an intruder climbing through a bathroom window. It’s 2 a.m., and you awaken to the unmistakable sound of glass breaking.
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