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by Charles L. Cotton
Wed May 09, 2007 11:49 am
Forum: Never Again!!
Topic: Shelby County Man charged with murder for defending property
Replies: 21
Views: 5567

NuBee wrote:. . .
The castle doctrine is extended to ones vehicle BUT only when ones life is in immediate danger. I do not feel that breaking glass alone falls under that category. Not a judgment but just read the link below and you will see.
I’m not sure if I’m interpreting your comment correctly, so I’d like to clarify something. We may be in full agreement, I’m just not sure.

If you mean the "Castle Doctrine" doesn't apply when someone is breaking the windshield of your car when you are not in it, then I agree. However, as of 9/1/07, if you are in your car and someone starts breaking windows, I would view that as an attempt to enter your vehicle unlawfully and with force. This would trigger the "Castle Doctrine" presumption that you reasonably believed deadly force was immediately necessary to prevent the other’s unlawful use of deadly force against you.

Chas.

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