Having your home broken into and robbery are every homeowner’s nightmares. It is your right to feel safe and secure in your own home, but the question is, can you use deadly force any time you experience an invasion? If you’re not extremely careful, you could be the one to end up needing a criminal defense lawyer. To help you navigate through the complexities of self-defense against trespassers, here’s a look at what you should do if you encounter this situation.
Defining Invasion Threat to Bodily Harm
You can only use force to defend yourself in case of a trespasser. However, you are only supposed to use as much force necessary to eliminate the threat. Since the line is a bit blurred and difficult to decipher, it would be best to hire an attorney if you have been part of an encounter such as trespassing.
Rational Fear
When analyzing whether or not you acted appropriately, the court will investigate the situation and see if your fear of the problem was rational and reasonable. This means that you have reason to be afraid for the well-being of others and yourself under any circumstances. Rational/Reasonable fear is assessed based on what a rational person would experience if put under the same pressure you faced. This can be a double-edged sword; in some cases, the fear is deemed unreasonable due to the standard of what others may have experienced. An experienced attorney can negotiate a better ruling for you, given the situation the trespasser put you in.
Hire a Utah Criminal Defense Attorney for your Self-Defense Cases
At no point should you undergo questioning without explicit advice from your attorney. You will have to inform the police officers that you intend to speak to an attorney before answering any questions. If you have already finished answering the initial questioning, it’s not too late to hire an attorney to help you with your case. Just be sure that you inform your attorney about everything you said during your questioning. This will help your lawyer develop the proceeding steps of your case. Include any essential details of your case, even if you think it’s insignificant, in your consultation with an attorney. Bring any documentation related to the incident, including police reports, medical records of any injuries sustained, and more. Call an experienced attorney at Utah Criminal Defense Attorneys today to receive a consultation.
