I’d like to talk to you today about defending your property.
Deadly Force VS. Non-Deadly Force
If you are in your occupied home and it is under attack by an intruder (that is a burglary) you can defend yourself with deadly force. If you’re in an occupied car and there’s a carjacking involved, i.e. someone approaches you with a gun or knife and says that they want you out of the car, they want to take your car by force, you can use deadly force to protect yourself.
But, say that you interrupt someone who is running out of your house with your color TV set. That is a theft and you cannot use deadly force to stop a simple theft.
If someone is running off with an old truck of yours or if someone is driving off in your tractor or any of your gardening implements, you cannot use deadly force to stop them. That doesn’t mean you can’t use reasonable force, but you cannot use deadly force.
Trespass
Now then, what about a trespasser? Trespass means someone is on your property without your permission and you can use reasonable force to stop them.
If you have questions about this or other matters, do not hesitate to call U.S. LawShield and ask to speak to an Independent Program Attorney.
The Idaho Stand Your Ground Law states: 18-4009. JUSTIFIABLE HOMICIDE BY ANY PERSON. (1) Homicide is justifiable when committed by any person in any of the following cases:
(a) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person;
(b) When committed in defense of habitation, a place of business or employment, occupied vehicle, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation, place of business or employment or occupied vehicle of another for the purpose of offering violence to any person therein;…….Section (b) reads, “When committed in defense of “property or person” That, to me, seem like I can shoot someone trying to steal my property. Also, all robberies are considered felonies in Idaho, as far as I can tell. The property doesn’t have to be of a certain, or any, monetary value and it doesn’t have to be in your home. Say if, someone were to knock me off my 4-wheeler, while I’m out riding, then jump on and speed off. I could shoot at them while they were trying to get away. Correct?