Posted on May 26, 2015
PO1 Jason Taylor
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Why is there duty to retreat laws? At what point in America do I have to stand aside and let a criminal break into my home, take my stuff, have at my wife and kids, as I have to go out the back door and let them. Why do criminals have laws that protect them as they are allowed to brake the law?
Posted in these groups: 2nd amendment logo 2nd Amendment
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Responses: 9
PO2 Skip Kirkwood
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So, I'm a long-time lawyer. Not a personal defense specialist, but informed - at least to the extent that I need to be to comfortably go about armed myself.

I don't know of any "duty to retreat" laws. While there are some weird statutes and cases floating around, all you really need to do is act "reasonably" in the eyes of a jury and you're OK. You can't kill in defense of property, most times, but you can surely protect other human beings without retreat.

I'm thinking that you've got some bad advice, or bad education, from non-legal sources. I suggest a short session with a lawyer who practices criminal defense - preferably the guy that the local PD officers hire when involved with a shooting. Also, join the US Concealed Carry Association - they maintain lists of lawyers qualified to deal with these issues in each state. And their membership includes "defense insurance" so that you don't go bankrupt defending a "good shoot." For legal stuff, get your advice from a real lawyer with the necessary expertise and be careful what you "learn" from social media!

As one sheepdog to another, etc......good luck!
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SCPO Investigator
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Jason, I am also retired from a civilian law enforcement career. Though states can and often vary in how their criminal statutest are written, I think one would be very hard pressed to find any state that disallowed you to protect your family and property in the stuations AS YOU WROTE IN YOUR INQUIRY. But, for example, a perp is breaking into your barn out in the backyard. Going after him with a gun and wounding him MIGHT find you charged with assault in some states. If you chased the perp from your home after you were alerted to his presence and, let's say, that he assaulted you and you chased him from your home by pointing a gun at him, THEN you ran after him, caught up a block or two later, and popped a cap on him, same thing would likely apply. But, remember this: a prosecutor is an elected position. If he works in a major law and order county, he may nolo pros your case...pink sheet it. He also may send it to a Grand Jury who might be equally inclined. But, your duty to retreat basically begins when the perp no longer poses an imminent threat to you, your family, or your property. Criminals have no such legal requirement because they're in the process of breaking the law!!!
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SGT Jimmy Carpenter
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Most states have a castle doctrine where you can legally use deadly force to protect yourself and family inside your home. There are a few states that make it difficult for you to do that and making it less dangerous for criminals. If you live in a state that strictly limits or even prohibits your 2nd amendment rights, then it's probably safe to assume that the scales are tilted in favor of the criminal.
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