Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Q. What is the CT State law on home defense? If a home

Customer Question
invasion happens do I have...
Q. What is the CT State law on home defense? If a home invasion happens do I have a duty to retreat? What if my wife is in a different room at the time? Do I retreat or leave? No I won't. If I am alone do I have to retreat or leave if possible? Or can I stay and defend my home and myselfe with deadly force if necessary?
Please quote the CT.State Statute
Thank You,
Thomas Yuchniuk
Submitted: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 6 minutes by:
2/15/2011
Criminal Lawyer: RobertJDFL, Lawyer replied 6 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,064
Experience: Experienced in multiple areas of the law.
Verified

Good evening, thank you for your question.

Under Connecticut law, a person may use physical force (self defense): to protect himself or a third person, his home or office, or his property; to make an arrest or prevent an escape; or to perform certain duties (for example, a corrections officer may use force to maintain order and discipline, a teacher to protect a minor, and a parent to discipline a child). A person cannot use physical force to resist arrest by a reasonably identifiable peace officer, whether the arrest is legal or not (CGS § 53a-23).

Self defense or justification is a defense in any prosecution (CGS § 53a-16). The person claiming justification has the initial burden of producing sufficient evidence to assert self-defense. When raised as a defense at a trial, the state has the burden of disproving self defense beyond a reasonable doubt (CGS § 53a-12).

A person is justified in using reasonable physical force on another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force. The defender may use the degree of force he reasonably believes is necessary to defend himself or a third person. But deadly physical force cannot be used unless the actor reasonably believes that the attacker is using or about to use deadly physical force or inflicting or about to inflict great bodily harm.

Additionally, a person is not justified in using deadly physical force if he knows he can avoid doing so with complete safety by:

1. retreating, except from his home or office in cases where he was not the initial aggressor or except in cases where he a peace officer, special policeman, or a private individual assisting a peace officer or special policeman at the officer's directions regarding an arrest or preventing an escape;

2. surrendering possession to property the aggressor claims to own; or

3. obeying a demand that he not take an action he is not otherwise required to take.

Lastly, a person is not justified in using physical force when (1) with intent to cause physical injury or death to another person, he provokes the person to use physical force, (2) use of such force was the product of a combat by agreement not specifically authorized by law, or (3) he is the initial aggressor (unless he withdraws from the encounter, effectively communicates this intent to the other person, and the other person continues to or threatens to use physical force) (CGS § 53a-19).

A person who possesses or controls property or has a license or privilege to be in or on it (such as a homeowner) is justified in using reasonable physical force when and to the extent he reasonably believes it to be necessary to stop another from trespassing or attempting to trespass in or upon it. The owner can use deadly physical force only (1) to defend a person as described above, (2) when he reasonably believes it is necessary to prevent the trespasser from attempting to commit arson or any violent crime, or (3) to the extent he reasonably believes it is necessary to stop someone from forcibly entering his home or workplace (and for the sole purpose of stopping the intruder) (CGS § 53a-20).

A person is justified in using reasonable physical force when and to the extent he reasonably believes it necessary to (1) prevent attempted larceny or criminal mischief involving property or (2) regain property that he reasonably believes was stolen shortly before.

When defending property, deadly force may be used only when it is necessary to defend a person from the use or imminent use of deadly physical force or infliction or imminent infliction of great bodily harm as described above (CGS § 53a-21).

Please let me know if I have not fully addressed your concerns.

JUST ANSWER IS A "PAY FOR SERVICE". Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. No payment for my time and effort is made until you click accept (even if you put down a deposit or have a subscription). A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,064
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,064
14,064 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

14,064 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In wisconsin, imperfect self defense is a defense only for
In wisconsin, imperfect self defense is a defense only for first degree intentional homicide, or all homicides ?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My son was charged with Grand larceny and given 8 to 19
My son was charged with Grand larceny and given 8 to 19 months in jail no prior felonies he does have a few misdemeanors, he had 2 jobs and was enrolled in school during his sentence, my son was ridin… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
If someone had an mistermeanor larceny charge from 30 years
Hello if someone had an mistermeanor larceny charge from 30 years ago in a another state can a lawyers from Georgia help to get this charge expunged? and how much would it cost. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was arrested for petit larceny, the amount of the product
I was arrested for petit larceny, the amount of the product was under $100 and I'm a first time offender. I'm 20 years old. I was issued and appearance ticket for two weeks from now. I wasn't ever off… read more
RobertJDFL
RobertJDFL
Lawyer
14,064 satisfied customers
I am on probation / deferred prosecution for larceny (i
i am on probation / deferred prosecution for larceny (i didnt do it)....he had a car accident today, damaged my car but not the other persons car. The other person told him that it was ok for me to le… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
I was arrested for soliciting of a in DC. I've never been in
I was arrested for soliciting of a prostitute in DC. I've never been in any kind of trouble before, what should I do?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
At a murder trial 'Killer Joe' has pleaded self-defense. The
At a murder trial 'Killer Joe' has pleaded self-defense. The DA has proved that it was not self defense! When both the defense and the State rest and the judge is giving instructions to the jury, is h… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I was convicted of a non-violent crime, that was unrelated
Hi I was convicted of a non-violent crime, that was unrelated to children. My kids school is now saying that in order to volunteer all parents are required to submit a livescan background check. Will … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
If i got a ticket for soliciting (), will i be going to jail
If i got a ticket for soliciting (prostitute), will i be going to jail or is it gonna be a fine and stay on my record? Is there any way I can remove it?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can you be busted for solicitation if you offer someone
Can you be busted for solicitation if you offer someone money for sex in a text or email? If so, is there a specific way you'd have to ask in order for it to be illegal? For example, using "sugar dadd… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was convicted of a non violent felony in another state
I was convicted of a non violent felony in another state only got 3 years probation for possession. it was a first time felony and was automatically pardoned in Louisiana I live in SC now and I want t… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
My son is at the a c I on drunk and domestic violent
my son is at the a c I on drunk and domestic violent charges. Have not posted bail. … read more
Expert James
Expert James
Doctoral Degree
11,541 satisfied customers
I was thinking of buying a stun gun for self defense while
i was thinking of buying a stun gun for self defense while traveling in our car. If I use it on an attacker and he dies, what are the consequences?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
Is self defense a defense against a harassment charge? If
hello, is self defense a defense against a harassment charge? If someone comes onto your property and threatens you with a handgun, I'm thinking that yelling at them and standing between them and a me… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
I got pegged for larceny at multiple stores potentially. The
I got pegged for larceny at multiple stores potentially. The only deficit one was hollister for a short that was $14.87. There were more but they said over the next three days they would investigate i… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
Can you keep a stun gun in your vechicle for self defense?
Can you keep a stun gun in your vechicle for self defense? Can you keep it in your house when several people who live there are on felony probation. I am not a felon … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x