Make My Day*
This law authorizes the occupant of a dwelling (such as a home) to use deadly
physical force against an intruder. But hold on Hoss, only if all of the following
- The intruder UNLAWFULLY entered the dwelling.
- The occupant of the dwelling has reasonable belief that the intruder has
committed a CRIME OTHER THAN UNLAWFUL ENTRY, or is committing or
intends to commit a crime against a person or property IN ADDITION TO THE UNINVITED ENTRY; and,
- The occupant REASONABLY BELIEVES THAT THE INTRUDER MIGHT USE
ANY PHYSICAL FORCE, no matter how slight, against the occupant.
- All three of the above conditions must exist in order to avoid liability under this
statute. Two of the three is not likely good enough to offer you legal protection.
- The key understanding and difference from general rules for deadly physical
defense is that "any physical force, no matter how "slight," on the part of the
criminal can warrant deadly physical defense IF the other two criteria also exist.
In summary, a criminal that commits these three crimes does not have to be a
threat of physical deadly harm to you, the occupant, to warrant you using physical
deadly defense in your residence. No Golden Rule with Make My Day.
*High Caliber Defense, LLC does not have instructors licensed to practice law in any jurisdiction. Any
references and explanations of statutes in our instruction are intended as an introduction of general
concepts that apply to concealed carry. Be aware that merely reading the statutes will not provide you
with the case law interpretations. While case law is available for your reference at your county
law library, you may eventually wish to invest in a consultation with an attorney for specifics in your
jurisdiction, including the current mood of the courts. The general principles presented here may not
correspond to the statutes where you live and travel. Any legal concepts addressed on this site must
be interpreted with this caveat, including the formulated scenarios.