Defend your castle law illinois6/18/2023 ![]() But if the scenario played out differently-if she'd been attacked in the middle of a street or had Braunstein been a 250-pound man instead of an average-sized woman, a Chicago judge or jury might have ruled against her. Had the trespasser returned, Braunstein could have hypothetically smacked him with it and not be charged with a crime in Illinois, even if he was unarmed. "It didn't become a habit," said Braunstein, 27, of Logan Square. They were able to help me out with my case, highly recommend.The night after she managed to scare off an intruder who had broken into her apartment and snuck into her bedroom, Sarah Braunstein slept with a hammer under her pillow for protection. “Great Law Firm! The Attorneys were very helpful & understanding with any questions I had. To discuss your case, call our office today at (702) 333-3333. ![]() The lawyers of The Defenders understand these laws and will build a legal defense that will stand up to court scrutiny. If this has happened to you, you should seek the services of an aggressive, driven attorney who will represent your rights under the protections Nevada law provides for you. In some cases, charges could be filed against you for homicide even while defending your home. Most recently, the Nevada Legislature in 2015, passed SB175 which became law in June 2015, and included the defense of an occupied motor vehicle to the legal list of defendable circumstances recognized by law, among other provisions. These “Stand Your Ground” statutes have been in effect since that time and about half the states have adopted similar legislation. In Nevada in 2011, the state legislature passed new measures which removed a requirement to retreat in the face of a threatening situation. Nevada requires what’s called a no “duty to retreat” before killing in self-defense only as long as the one who is fighting back: is not the original aggressor, has a right to be in the place where deadly force is used, and is not defined as engaging in any sort of criminal activity. Nevada is what’s known as a “stand your ground” state. Shooting someone entering an unoccupied home not considered “justifiable homicide.” Standing Your Ground Nevada law reflects this same understanding in the aforementioned chapter dealing with “Justified Homicide,” and other states have similar statutes as an outgrowth of the “castle doctrine.” Under this doctrine, deadly force may be used in self-defense against an intruder of an occupied home. The presumption of a right to defend your life and your home has long been recognized by the law, growing out of the so called “Castle Doctrine” or “your home is your castle” concept, which in our legal tradition was passed down through English Common Law. They have no duty to retreat: He was allowed to use deadly force instead of retreating. Under (NRS 200.120) the castle doctrine, people in Nevada have the right to use deadly force to protect their occupied home or occupied vehicle from assault by a third party. The prosecutor would make that determination based on the facts of the case. If one of the two alleged intruders in the above example, should die from his wounds, the man could fall under the Justifiable Homicide provisions of Nevada State Law. These considerations apply when the person is defending themselves or others, an occupied habitation, or occupied motor vehicle. The person Is not actively engaged in the furtherance of criminal activity at the time deadly force is used.The person has a legal right to be in the location where deadly force is used.The person was not the original aggressor.Nevada law (NRS 200.120) defines “Justifiable Homicide” as allowable under three conditions: There are very few absolute rights in the law, especially when it comes to the taking of human life. What are your rights when being threatened by intruders, or home invaders? Do you have an absolute right to use deadly force against unlawful entry to your home? It is unknown at this time, the condition of the suspected intruders or the victim. ![]() The man had been shot in the leg and he also was transported to the hospital. He returned fire hitting the two suspects, who were transported to the hospital. On February 1, 2019, it was reported that a man was injured inside his home in West Las Vegas when he was shot by two men attempting to break into his home. Your Rights During a Home Invasion in Nevada ![]()
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