Wednesday, June 2, 2021

Questions answered by Jay K. Nixon - Avvo

As a felon, can you protect your home from intruder castle law?  Jay’s Answer

Yes, even as a felon, you can protect yourself, regardless of whether it is legal. If your life is truly in danger, then exposure to a criminal charge is a small price to pay in order to save it, and DA's have total discretion as to whether or not to charge you, so if you and your lawyer can convince the authorities that the need was real, you could avoid prosecution. That being said, you should never possess a firearm, since you can and will be prosecuted if caught with it, even at home, so you will need to find another way to protect yourself, such as a guard dog, crossbow, air gun, or baseball bat.  Laws against possession of a firearm by a felon have no exceptions for the Castle Doctrine/ home defense, but any experienced criminal lawyer would still argue for one in the right situation.  Either way self-defense in any situation is complex and hard to win, but again, these are small concerns compared to not living another day in order to litigate it. Either way, if you can avoid illegal associations and move to a better neighborhood in order to avoid this attack, you would be far better off.


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