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Old 07-21-2009, 01:52 AM
 
8 posts, read 29,446 times
Reputation: 23

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What is the law in Arkansas if someone breaks into your home/garage, can you use deadly force?

 
Old 07-21-2009, 03:57 AM
 
Location: Ohio
2,175 posts, read 9,170,731 times
Reputation: 3962
Does Arkansas have a Castle Law?
If so you can protect yourself from home invasion or break in.
Ohio passed the Castle Law last year. We don't have to try to escape or wait to see if the perp is using deadly force.
We can use deadly force if someone just breaks into an occupied dwelling.
It applies to dwellings and personal modes of transport. Which includes your car. Of course you can't shoot someone for breaking into your car if it is unoccupied. But if you are in it and someone trys to get at you, you can use deadly force. You can't shoot someone in a road rage situation that is yelling at you unless they try to enter your vehicle or are pointing a gun at you.
Check to see if Arkansas has the Castle Law.
In any event, it doesn't matter what the law is as far as I'm concerned. If some scumbag breaks into my house or trys to break the window out of my vehicle while I am in to do me harm, they will be shot.
The Castle Law just gives me justification to legally protect myself.
Check your state laws. You can google it to find out if Arkansas has the Castle Law.
 
Old 07-21-2009, 05:00 AM
 
9,803 posts, read 16,191,954 times
Reputation: 8266
I believe even under the Castle Law, an occupied house, an occupied car, and a garage are not considered equal.( especially an unattatched garage )

The OP lumped the 2 together.
 
Old 07-21-2009, 07:17 AM
 
1,661 posts, read 5,209,819 times
Reputation: 1350
Quote:
Originally Posted by Robhu View Post
In any event, it doesn't matter what the law is as far as I'm concerned. If some scumbag breaks into my house or trys to break the window out of my vehicle while I am in to do me harm, they will be shot.
The Castle Law just gives me justification to legally protect myself.
Check your state laws. You can google it to find out if Arkansas has the Castle Law.
You're in your vehicle...you have actual physical control...someone breaks your window with your interpretation of intent to do physical harm, you're going to shoot them?

First question asked...why didn't you put the car on gear to escape the threat?
 
Old 07-21-2009, 08:15 AM
 
Location: Fort Smith, Arkansas
1,466 posts, read 4,360,085 times
Reputation: 1070
I am almost positive that Arkansas does not have a Castle Law.

NorArkHog, is there someone you would like to kill today?
 
Old 07-21-2009, 10:25 AM
 
12,436 posts, read 11,948,683 times
Reputation: 3159
Quote:
Originally Posted by Dr. Foosball View Post
I am almost positive that Arkansas does not have a Castle Law.

NorArkHog, is there someone you would like to kill today?
I was wondering the same thing.
 
Old 07-21-2009, 11:41 AM
 
1,703 posts, read 6,315,500 times
Reputation: 944
Odd question.

IIRC, in Arkansas, you are obligated to make a reasonable effort to flee -- even if the assailant enters your home. I may be wrong, though. Criminal law ain't my thing, and I'm too lazy to look it up.
 
Old 07-21-2009, 11:52 AM
 
2,652 posts, read 8,582,247 times
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Quote:
Originally Posted by strumpeace View Post
Odd question.

IIRC, in Arkansas, you are obligated to make a reasonable effort to flee -- even if the assailant enters your home. I may be wrong, though. Criminal law ain't my thing, and I'm too lazy to look it up.
Almost seems like the phrase "Criminal law" should be reworded to "Law intended to protect criminals."
 
Old 07-21-2009, 12:12 PM
 
Location: Orange County/Las Vegas
2,544 posts, read 2,737,099 times
Reputation: 2519
I understand that if someone breaks into your home and "you fear for your life" that you have every right to defend yourself in anyway.

Even if they are outside and you shoot them the conventional wisdom is to drag the body inside.
 
Old 07-21-2009, 12:30 PM
 
12,436 posts, read 11,948,683 times
Reputation: 3159
Quote:
Originally Posted by jet757f View Post
I understand that if someone breaks into your home and "you fear for your life" that you have every right to defend yourself in anyway.

Even if they are outside and you shoot them the conventional wisdom is to drag the body inside.
I would be hesitant about giving legal advice over the internet...especially when you are talking about the justification for killing someone.
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