![]() ![]() But the lines have been blurred by lawmakers inserting the word "castle" into the laws codifiying lawful use of deadly force/ justifiable homocide, no duty to retreat laws and the like. ![]() There should be a difference between justifiable homicide/lawfull use of deadly force and "castle doctrine". I don't think anyone knows what "Castle Doctrine" means anymore - certainly not the legislators. (B ) A peace officer's discharge of a firearm using ammunition designed to disable or control an individual without creating the likelihood of death or great bodily harm shall not be considered force likely to cause death or great bodily harm within the meaning of Sections 7-5 and 7-6.Įven politicians who pass so called "Castle Doctrine" laws don't know what it is. (2) The firing of a firearm at a vehicle in which the person to be arrested is riding. (1) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm and (a) Force which is likely to cause death or great bodily harm, within the meaning of Sections 7-5 and 7-6 includes: Force likely to cause death or great bodily harm. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony. Use of force in defense of other property.Ī person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. (B ) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling. (a) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if: Use of force in defense of dwelling.Ī person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. Use of force in defense of person.Ī person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual. violent/aggressive, such as breaking a window or kicking in the door etc) manner, once again I can use force. ![]() If the individual has entered my home in a tumultuous (i.e. Simply put, if I am in a situtation where I am confronted by a individual committing a forcible felony, I can use force to prevent harm to myself or a third party. The reason that we don't have a "Castle Doctrine", is we don't need one because of how "Our" use of force laws are written. Also this very topic comes up about every other month it seems. Have you actually read "Our" laws? I assume not, from your post.
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