Question about Indiana Lethal Force Law

[EXLINE]

So i know Indiana has the law of "No duty to retreat" and we can stand our ground. Also, the "Castle Doctrine" law. My question is, if someone is to break into my house or try to car jack me and they do not have a weapon I am still able to use deadly force according to law?

 

[eldirector]

Here is the actual IC:
Indiana Code 35-41-3

Unlawful entry 'on the person's dwelling, curtilage, or occupied motor vehicle' is specifically mentioned, assuming that the force is necessary to prevent/terminate the attempt.

In other words, if "HEY, STOP IT!" would have been sufficient, then deadly force was not necessary.

IANAL!

 

[GBuck]

^^Yup. It says "reasonable", so IMO if you come up on a drunk trying to get into your house, that isn't being violent and you're able to stop him without shooting him you better do so. Or have a good throw away.

 

[clt46910]

How do you know they do not have a weapon of some sort? How about serious physical injury? You know someone can beat you to death with their hands right?

Then after saying all that, deadly force should be a last resort. Just do not wait to long to use it if needed. Only you can decide that in the moment.

 

[youngda9]

It is reasonable to shoot someone breaking into your dwelling, curtilage, or occupied motor vehicle' in order to stop the attempt...it has happened many times in this state and their have been no charges for doing such. I would be in fear for my life if that was happening, wouldn't you? I don't think you're going to get in trouble if the guy didn't have a weapon. Anyone can produce a firearm within a second and start shooting at you....are you willing to let them make the first move and risk your and your family's life?

 

[cobber]

It is reasonable to shoot someone breaking into your dwelling, curtilage, or occupied motor vehicle' in order to stop the attempt...it has happened many times in this state and their have been no charges for doing such. I would be in fear for my life if that was happening, wouldn't you? I don't think you're going to get in trouble if the guy didn't have a weapon. Anyone can produce a firearm within a second and start shooting at you....are you willing to let them make the first move and risk your and your family's life?

Intruder appeared not to have a weapon, but could get a knife from your kitchen, etc. If the intruder was a five year old girl, she could grab your gun, I have heard. Then whatcha gonna do?

 

[Benny]

If "get on the ground" doesn't get them on the ground or out of my ****ing house, I'd say "reasonable force" is in order.

 

[EXLINE]

so does this include all situations? Say even in public?

 

[VUPDblue]

^^Yup. It says "reasonable", so IMO if you come up on a drunk trying to get into your house, that isn't being violent and you're able to stop him without shooting him you better do so. Or have a good throw away.

Purple don't earn you a pass. Do NOT post these kinds of things.

 

[eldirector]

so does this include all situations? Say even in public?

To prevent serious bodily injury or forcible felony, yes, even in "public".

 

[cobber]

so does this include all situations? Say even in public?

In public:
A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.

At home:
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

Outside the curtilage, protect a person from imminent use of unlawful force

Inside the curtilage, terminate the unlawful entry or attack

 

[Mr Evilwrench]

I'd say if you'd made it clear you were armed and ready to fire, as much as you could do so in the time available, if he's still coming he either has something you haven't seen, or has been indulging in some recreational pharmaceuticals that may well render him dangerous even without a weapon. Or he's just dumb. But hopefully, you wouldn't have drawn if you weren't already in fear. Lot of hypotheticals. It can suck out there.

 

[JoshuaW]

Reasonable force. With that having been said, if someone is bold enough to attack my occupied dwelling I'd vehicle, I would assume they are intending to do me harm, even if their method or means is not obvious.

 

[finity]

Reasonable force. With that having been said, if someone is bold enough to attack my occupied dwelling I'd vehicle, I would assume they are intending to do me harm, even if their method or means is not obvious.

yup.

And that is the entire purpose behind the difference in wording between the two laws - the one for your house, curtilage & occupied vehicle & the other for "everywhere else".

 

[cobber]

Note that technically an attack on your curtilage does not require the attacker to be in your curtilage.

 

[RVingman]

I would recommend reading this Blog Article from attorney Bryan Ciyou with Ciyou & Dixon out of Indianapolis. Indiana Self Defense Deadly Force Law | Indiana Self Defense Attorney | Indiana Self Defense Lawyer | Self Defense Justification
He is the author of the book “Indiana Firearms Law Reference Manual”. His article helps put some legal perspective on this question.