For example, some states rely on the courts to determine if the intruder intended to inflict serious bodily injury. The differences between state laws involve whether there is a duty to retreat or if deadly force was necessary. Most states have a variation of the Castle Doctrine in their self-defense laws. According to the doctrine, your home is your castle, and you have the right to defend it from intruders. The Castle Doctrine has its roots in old English Common Law, a body of unwritten laws based on legal precedents that were established by the courts. That means that, both at home and away from home, Kentucky law allows the use of deadly force when you believe “such force is necessary to protect yourself from death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or felony involving threat.” What is the Castle Doctrine in Kentucky? Kentucky has both laws in effect.Īccording to Kentucky’s self-defense law, which was amended in 2006, any person who uses a gun in self-defense has immunity from criminal and civil law. There are two different types of general self-defense laws – one that applies when you are on your own property and one that applies when you are attacked somewhere else. What Are the Self-Defense Laws in Kentucky?
Call Suhre & Associates, LLC, to learn more with a free consultation. As a Kentucky resident, you should be aware of the laws in your state and how they relate to your right to defend yourself and your property.Īnd, if you’re charged with a crime of assault or homicide, it is imperative to contact an experienced Louisville criminal defense attorney right away. No one wants to be in this situation, but you need to be prepared if you are. can make things complicated and sometimes difficult to understand. Constitution’s second amendment states that “the right of the people to keep and bear Arms shall not be infringed.” However, federal and state gun laws that regulate the right to own and use firearms in the U.S. Is the intruder armed? Should I shoot him? If I do, could I go to prison? What are my rights? Time seems to stand still as your mind races with questions. Your heart thumping wildly, you reach for your gun and head down the hallway just in time to see an intruder climbing through a bathroom window. It’s 2 a.m., and you awaken to the unmistakable sound of glass breaking.
Home / Criminal Defense Resources / Do I Need a Criminal Defense Lawyer If I Shoot Someone Who Breaks into My House?