Legal Question in Criminal Law in Arkansas

shooting with in your home

What if the person was trying to seek help and knocked on the door for a couple of minutes and no one answered so they kicked the door in to use the phone. The homeowner shot and killed them without a warning. The victim was not armed and showed no sign of threat.


Asked on 7/24/07, 1:10 pm

1 Answer from Attorneys
Brandon Moffitt Moffitt & Phillips, PLLC

Re: shooting with in your home

The answer, again, depends on the circumstances surrounding the events.

The primary consideration involves evaluating the homeowner's knowledge of the facts.

If the homeowner knew the individual was not armed, meant no harm, and was only seeking help, then it would most likely not be reasonable for him/her to use deadly force. However, if they didn't have knowledge, it is possible that the homeowner acted reasonably and was justified in the use of deadly force.

I would suggest if you are dealing with this situation, that you contact an attorney in your area for specific advice surrounding the facts of your particular case.

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Answered on 7/24/07, 2:38 pm


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