Refreshing myself on IN HD law
Close
    
    

Refreshing myself on IN HD law

This is a discussion on Refreshing myself on IN HD law within the CCW Conceal Carry forums, part of the Gun Forums category; Concerning the protection of property and the use of force. I came across this tidbit: IC 35-41-3-2 (c) With respect to property other than a ...

Results 1 to 2 of 2
  1. #1
    10111011 mattxander12's Avatar
    Join Date
    Dec 2007
    Location
    Chicago, IL
    Posts
    2,988

    Refreshing myself on IN HD law

    Concerning the protection of property and the use of force.

    I came across this tidbit:

    IC 35-41-3-2

    (c) With respect to property other than a swelling, curtilage, or an occupied motor vehicle, a
    person is justified in using reasonable force against another person if the person is reasonably
    believes that the force is necessary to immediately prevent or terminate the other person's trespass
    on or criminal interference with property lawfully in the person's possession, lawfully in possession
    of a member o the person's immediate family, or belonging to a person whose property the person has autority to protect.
    However, a person:
    (1) is justified in using deadly force; and
    (2) does not have a duty to retreat;
    only if that force is justified under subsection (a).
    and that subsection is as follows:

    (a) A person is justified in using reasonable force against another perosn 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 justfied in using deadly force; and
    (2) does not have a duty to retreate;
    if that person reasonably believes that that force is necessary to prevent serious bodily injury to
    the the person or a third person or the commision of a forcible felony. No person in this state shall
    be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by
    reasonable means necessary.
    Now the way I understand this, it means that if some joe blow comes and starts beating up on my car in my drive way...I can come bust his ass until he stops and leaves...but no deadly force. However, if he is visibly trying to set fire to my house, I can then use deadly force as it becomes a "forcible felony"

    Am I right in this application ?

    Another thing I noticed is that there's only legal protection from lawful use of lethal force, but no legal protection for lawful use of reasonable force. To keep with the car example: I confront him, get in a wrestling match and in the course of it he breaks his arm. I understand it to mean he can sue me for that assault even though it was through the lawful course of reasonable force. That's pretty bogus in my opinion.

  2. #2
    Gunatic Loyalist (Bow down) mwink822's Avatar
    Join Date
    Jul 2006
    Location
    Delaware
    Posts
    1,885
    I'll take a stab at some out of jurisdiction statutory interpretation without first consulting Westlaw.

    As to the use of lethal force, your interpretation sounds about right, however, you need to consult your criminal code to see what qualifies as a 'forcible felony'. Keeping with your setting fire to the house example, in Delaware, there are various gradations of arson. Depending on the gradation of the offense which is largely dictated by the present mens rea (criminal intent) of the offender, the offense may or may not be considered a violent felony as defined by our criminal code. I assume your criminal code is the same for forcible felonies.

    As far as the use of reasonable force, you should fall under a safe harbor provision in the form of 'first aggressor doctrine.' That basically states that self defense or defense of chattel by way of force reasonably necessary to stop a criminal offense where the defendant (you) were not the first aggressor will not have criminal liability attach. This is of course, going to be within the prosecutive discretion of the your state's attorney, district attorney, attorney general, etc.

Remove Ads

Ads

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» Springfield Armory

» Forum Sponsors

Powered by vBadvanced CMPS v4.3.0