Home Protection

[Stuie]

I was wondering is your attached garage is considered in your home if the door is opened and someone comes in and threatens your and or family ? How far can you go to protect yourself and or family ?
Thanks for your help .

[Lancear15]

Location means nothing with regards to self/family defense. You have no more rights in your home than you do in the street when it comes to using lethal force or otherwise.

It all comes down to, does the jury believe you had a reasonable reason to fear that you or someone else was at risk of great bodily harm or death... if so then you can use lethal force, regardless of location.

[alex00]

I was wondering is your attached garage is considered in your home if the door is opened and someone comes in and threatens your and or family ? How far can you go to protect yourself and or family ?
Thanks for your help .

Your attached garage will generally be considered your residence if it has doors that can be closed and secured. A detached garage may or may not be considered part of your residence for SD purposes. If you happen to be in your attached, locked garage, and someone breaks in the same standards should apply as if you were sitting in your living room or bedroom. A garage is just another room in your house.

Location means nothing with regards to self/family defense. You have no more rights in your home than you do in the street when it comes to using lethal force or otherwise.

It all comes down to, does the jury believe you had a reasonable reason to fear that you or someone else was at risk of great bodily harm or death... if so then you can use lethal force, regardless of location.

Except that someone using deadly force against an intruder that has broken in, has the legal presumption that they were in fear for their, or another's life. The same does not apply outside your home or on the street. PC 198.5 is not a golden ticket to shoot someone in your house, but it is a much bigger safety net than shooting someone in the street.