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Defend your castle rules1/3/2023 ![]() ![]() To put it another way, a jury of your peers would have to believe you were preventing rape, a real threat of being killed and great bodily harm that could cause death.Īnyone who wants to make sure they will not be charged themselves for using deadly force needs to be aware of factors the courts consider in these types of cases. Your belief must actually be reasonable when examined by all the facts that caused you to make the decision of using deadly force. If you use deadly force, you must have a belief that you are preventing one of the three things listed above. I person would not be justified using deadly force at home against a young 13-year-old kid who broke into your house.ĭeadly force is only allowed under the law when self-defense is needed to prevent great bodily harm that could lead to death, rape, known as criminal sexual conduct and death. A homeowner would not be justified using deadly force on a person who broke into their home and was found passed out on the floor. When it comes to using deadly force, the rule of thumb a person needs to remember is the force used must always be proportional to the threat. ![]() ![]() (b) The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described in subdivision (a).” (a) The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will. “(1) Except as provided in subsection (2), it is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under section 2 of the self-defense act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual will occur if both of the following apply: Delivery Manufacture Of A Controlled Substance.Operating While Visibly Impaired (OWVI). ![]()
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