When they arrived the crying little failed robber promptly gave up his buddy. The parents of both gladly paid for a much newer and nicer door for not pressing charges. (They didn't get 10 steps into their crime before being caught). Now, under no mind's interpretation of "the law", she would have promptly killed both of them on the spot. Who made the correct decision?
I would've done exactly what the homeowner did, refrained from shooting and done my best to handle it amongst the adults without the cops or courts involved.
That said, the law in Alabama, as with more than half the states in the Union at this time, would've not only supported me opening fire in that situation, but would likewise protect me from civil suits under our Castle Doctrine law's immunity clause. Time of day wouldn't matter - 3:00 AM
or 3:00 PM - the situation you describe would permit me to use deadly force. Don't believe me?
Read the code section for yourself. The immunity clause is quoted below for your convenience, but you'll find that a burglary of an occupied dwelling is all that's needed to
legally presume a threat if you go to the link.
(d) A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.
(e) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (a), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.
(Acts 1977, No. 607, p. 812, §610; Acts 1979, No. 79-599, p. 1060, §1; Act 2006-303, p. 638, §1.)
All that said, I am always of the mindset to find a way
not to shoot another person, rather than trying to justify how I
can legally shoot another person. Such determinations are made at the speed of thought though, and rather than identifying an
actual threat, like a weapon or someone in the act of pounding your head into concrete or what have you, all self-defense law that I've ever heard of, even in states without CD/SYG laws, uses the "reasonable belief" standard of justification, rather than proof that a decision made in split seconds and under extreme duress was wholly accurate in its threat assessment.
In fact billt, just for chits and giggles, I went and reviewed
Link Removed. Except for your state substituting the word "legally" (AL) with the word "reasonable" (AZ) in describing the presumption part of the law(s), our respective code sections use very nearly the same language and authorize the use of deadly physical force very nearly identically. While your state doesn't have an immunity clause as my state does, AZ does have a reimbursement clause for court and attorney fees if the shooter prevails in any suit ensuing from a given justifiable use of deadly force.
I'm sure he's said before, but since I don't recall where Axe lives, and assuming it's in a state where a similar CD/SYG exists, it is hardly a "dimwitted legal defense" to assert that use of deadly force is supported under the law for reasons not only associated with an imminent physical threat, but also for forced entries, car-jackings etc. Rather than being a "dimwitted" legal defense, it would be a statutory and
presumed to be legal defense, just like in Arizona.
Blues