The following is a video transcript.
What does the law say in Missouri if someone is breaking into your car on your property? Breaking into a person’s car is a property crime. Use of deadly force is not justified. Again, use of deadly force is not justified.
Use of Reasonable Force
You are justified in using reasonable force, but not deadly force to protect your property. It’s usually best to call the police in these circumstances. The protections of Missouri’s Castle Doctrine apply inside your dwelling, but not elsewhere on your property.
Use of Deadly Force
Missouri law does not require that you retreat from an aggressor. If that same person who is breaking into your car brandishes a weapon and you believe that you are under imminent threat of deadly force being used against you, you are then justified to use deadly force. If you shoot the guy who is doing a smash-and-grab on your car, you will likely be facing serious criminal charges yourself.
If you have additional questions regarding the use of force in defense of property, call U.S. LawShield and ask to speak to your Independent Program Attorney.
What if you are in your car and a person blocks you in from being able to go anywhere and gets out and starts walking toward your car after telling you they were going to put you in the hospital and you told them to just go about their business.
Hello, please see the response from a Missouri Independent Program Attorney:
“Missouri’s allowance of deadly force in a carjacking situation is found under RSMo 563.031.2. If a person unlawfully enters, remains, or attempts to unlawfully enter a vehicle occupied by you, you may be justified in using deadly force to defend yourself. In a situation where you are being threatened with non-deadly force (even though the situation appears to be escalating), and the aggressor has not attempted to enter your vehicle, you are not justified in using deadly force. You can defend yourself, and you have no duty to retreat, but opening fire on the aggressor would likely result in serious criminal charges being filed against you. This would be a scenario where reasonable, non-deadly force would likely be justified unless the aggressor escalates further. You may want to also look at RSMo 563.031.1. A person may use deadly force if they reasonably believe such force is necessary to defend against what they reasonably believe is the unlawful use of deadly force or the commission of a forcible felony by another.”