Self-Defense in Home Invasions: What Does the Law Say?

Over the last couple of years, fewer home invasions have occurred. Statistics show a 26% decrease since 2019. Despite this downward trend, there are still several recorded cases of home invasion.

Most Americans choose to protect their property using weapons like guns or equipment, such as alarm systems and cameras. However, before using a firearm on an invader, it is important to understand what the U.S. law states about self-defense. This includes how to respond immediately after the incident, what to do, and who to contact. 

This article will discuss everything you need to know about self-defense in the context of home invasions. Keep reading to learn what you can or can’t do. 

Can You Use Excessive Force During Self-Defense?

You have a free pass to use excessive force when a burglar or invader is armed with crude weapons or a firearm. This also extends to when the culprits threaten to harm/kill you or your loved ones. 

Factors Limiting/Enabling Self-Defense Actions

Yes, you're allowed to protect your property from criminals. However, various factors, like the context of the invasion and federal laws, dictate the force you should use. Also, note that laws vary based on state; thus, it is crucial to understand what your state defines as self-protection.

Usually, retreating should be your first reaction, even if you own a gun. This is a safety measure to protect you from retaliating invaders. Your priority should be calling 911 immediately when someone breaks in. 

Meanwhile, some states allow you to use force to protect your family and home in unavoidable circumstances. Note that the force used should be proportionate to the foreseen threat. Therefore, specific actions like killing a suspect can land you penalties and a potential jail term. 

When You Shouldn’t Use Excess Force During a Home Invasion 

As mentioned, various factors can determine whether an act of self-defense is reasonable. This measure is put in place to prevent homeowners from injuring people with malicious intent and claiming it as an invasion.

Here are some contexts where you can be accountable after using excessive force during a home invasion:

• When the invader is underaged or physically inferior
• If the suspects are unarmed
• When alternative protective measures could be taken
• If the state of the invasion didn't call for the use of excessive force
• In cases of mistaken identity

Laws Allowing You to Use Deadly Force in Self-Defense  

The ‘Stand Your Ground’ doctrine states that you have the right to do what is necessary to protect your property. However, remember that the force used should be justifiable in case you’re taken to court.  

On the other hand, the concept of Protecting your “Castle” recognizes your home as a castle and fully allows you to use force to protect it from third parties. It goes against the retaliating concept, stating that you don't have to run or hide. 

Therefore, the law allows you to use any means, including force, to kill or injure the invaders. However, as discussed earlier, the law differs depending on the state. It is best to avoid taking drastic measures when you are not fully aware of your state laws and consult an attorney after a home invasion incident that leaves the invader harmed in any way. 

Conclusion

Fortunately, U.S. law allows you to protect your loved ones and property during a home invasion. The dos and don’ts might vary based on state, with some jurisdictions allowing force enough to kill or injure an invader.

However, you might be answerable to the court if your actions are intentional or towards a harmless individual.