Home Defense

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Hey out there. I have a couple of questions about defending the one thing we should be able to defend with our lives; our homes.

1: I believe that I heard that Rhode Island is a state that honors the castle doctrine; that the homeowner does not need to 'stand down', unlike MA law. Is this correct?

2: What, if any, are the 'home defense' laws or policies on those who live in an apartment setting? Is home defense restricted to just the apartment you live in, or could you also consider the entire building part of your home? (for instance, someone is trespassing inside the building, wielding a deadly weapon and making threats about severely injuring or killing someone).
 
Here is the law you are looking for: http://www.rilin.state.ri.us/Statutes/TITLE11/11-8/11-8-8.HTM

I'm no lawyer, but I have a feeling you can only defend what you pay rent on. If you shoot someone in someone elses apartment, Castle goes out the window and now you need to have a strong case for self defense. Based on your scenario, you would probably not be charged outside your apartment, but every prosecutor is different. All of Rhode Islands laws are weak, full of holes and ripe for interpretation. Consequently, a good lawyer might convince a judge/jury that being in your building is the same as being in your apartment, but unless someone knows of a precedent, the statute is a little vague. Also keep in mind, RI's Castle law does not apply to being outside the building (although you can be in your chicken coop- seriously, its another statute).
 
thanks for the info. I tried asking a Providence cop... figures that they tried to avoid answering this question like the plague. Definitely gotta love all the loopholes, and the loopholes in said loopholes.

swiss_cheese.jpg
 
Also, I don't believe you have "stand down" in MA. Your actions must be justified (i.e. you cannot shoot a person not threatening severe bodily harm to your or family) but you do not have to retreat as you would on the streets or in public. You can "stand your ground" inside your home.

But IANAL.
 
Also, I don't believe you have "stand down" in MA. Your actions must be justified (i.e. you cannot shoot a person not threatening severe bodily harm to your or family) but you do not have to retreat as you would on the streets or in public. You can "stand your ground" inside your home.
In MA, there is no duty to retreat from an attacker when you are inside your home and the attacker is unlawfully in your home.

Chapter 278: Section 8A. Killing or injuring a person unlawfully in a dwelling; defense

Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.

http://www.mass.gov/legis/laws/mgl/278-8a.htm
 
CT also has some legislation for but I think case laws speaks the best

Duty to Retreat

A person has no duty to retreat before using deadly force if he or she is attacked in his or her own dwelling. There is no duty to retreat before non-deadly force is used regardless of where the attack occurs (State v. Fabricatore, 89 Conn. App. 729 (2005)).

Burden of Proof

Self defense is a defense rather than an affirmative defense. Thus a defendant must introduce sufficient evidence to warrant presenting his or her claim of self defense to the jury. Once the defendant has done so, it is up to the state to disprove it beyond a reasonable doubt (State v. Abney, 88 Conn. App. 495, cert. den. 274 Conn. 906 (2005)).
 
I believe Mass also adopted the castle doctrine..

That's very interesting. When I went through the MA Intermittent Police Academy, we were taught that according to MA law, MA had no castle doctrine, that once the threat is gone (ie, the intruder lowers his weapon) the homeowner must do the same. Then again, our instructor WAS a very anti-firearms man...
 
That's very interesting. When I went through the MA Intermittent Police Academy, we were taught that according to MA law, MA had no castle doctrine, that once the threat is gone (ie, the intruder lowers his weapon) the homeowner must do the same. Then again, our instructor WAS a very anti-firearms man...

I think you are mixing up different issues. A person in MA can only use deadly force if they are in imminent danger of death or grave bodily injury. If an armed intruder drops his gun and submits, the threat is over and you can't shoot. But that does not mean can't keep him covered while you wait for the police. But if he just lowers the gun and doesn't drop it, you could well argue that he is still a threat. And none of that really has much to do with the requirement to retreat (or the lack of same).

In MA, if you are outside of your home, you must retreat if it is safe to do so prior to using deadly force. But there is no such duty to retreat if you are inside your home. This law is not new. If I recall correctly it was signed into law by Gov. King.
 
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