![]() ![]() Basically, the clause demands that the victim forgo acts of survival by not reacting immediately to the intruders intent to harm. Even though the perp obviously does not have your best interests in mind, you must afford him a considerable level of respect and safety with your "duty to retreat".ĭuty to retreat laws (or standard-setting court rulings) require that the homeowner prior to exerting any sort of force, deadly or otherwise, must do everything in his or her power to avoid conflict. In the majority of the states New York included - you cannot use deadly force to protect yourself, your family or your property unless you make some accommodations for the invader. It does seem to have merit when one considers the preferential treatment given to lawbreakers. Mythical sensationalism it may be, but like most legends it has some basis in fact and to some extent many believe it to be sound advice. PROTECTING YOUR CASTLE WITH FORCE By Bob ConferĪ common urban legend says that if you shoot an intruder in your home you had better put a knife in his hand to reinforce your claim of self-defense. Here's a recent column of mine addressing the need for the Castle Doctrine in New York State:įrom the 07 January 2008 Lockport Union Sun and Journal (Lockport, NY) If you have any questions regarding self-defense laws in Illinois, call Illinois criminal defense attorney Steven Goldman at Goldman & Associates today.Skip to comments. Many people who have a concealed carry license may find themselves facing serious criminal charges if they unjustifiably fire their weapon. In the meantime, just because you have a license to carry a concealed weapon does not mean that you are able to fire it against anyone. We will keep you informed of whether any of the self-defense laws change. ![]() In light of the new concealed carry laws in Illinois, many people are wondering whether Illinois will adapt its laws to allow you to stand your ground outside of your home. An experienced Illinois criminal defense attorney knows how to cast doubt on the prosecutor’s case and show that you were, in fact, justified in using self-defense of your home. Circumstantial evidence may be used to try to prove a person’s state of mind to determine whether they were truly in fear of great bodily harm or death. It is mostly up to the prosecutor to determine whether or not a person truly believed that deadly force was necessary, which can be difficult since it is impossible to know what a person was or was not thinking at the time.
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