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Just how much force are you allowed if someone enters your home

Jan 10, 2014 -- 4:36pm

 

A man’s home is his castle… Hence your right to protect it via Missouri’s Castle Doctrine. Division III Circuit Judge Gary Kamp says the concept is as old as the common laws in England. He says if someone enters your home and you feel like you are in serious physical danger or even death – you can use deadly force. He tells KZIM KSIM this is basically a self defense law that has evolved over the last few years…"When I started prosecuting 35 years ago a person wanting to use a self defense as a defense basically had to show they didn't have any route to escape. The legislature has removed that from the common law in Missouri and said if you meet these other factors you no longer are forced to abandon your home or vehicle or something along those lines." Kamp says this law extends to your property outside of your home. However if you kill someone in self defense and your case does not meet the exact parameters you will then also be an offender.  Another amendment to the castle doctrine is that if justified – you have an absolute immunity to criminal prosecution AND immunity to civil liability. 

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