A.C.A. § 5-2-608
Arkansas Code of 1987 Annotated Official Edition
© 1987-2011 by the State of Arkansas
All rights reserved.
*** Legislation is current through the 2011 Regular Session and updates ***
*** received from the Arkansas Code Revision Commission through ***
*** November 16, 2011. ***
Title 5 Criminal Offenses
Subtitle 1. General Provisions
Chapter 2 Principles of Criminal Liability
Subchapter 6 -- Justification
A.C.A. § 5-2-608 (2011)
5-2-608. Use of physical force in defense of premises.
(a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.
(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if:
(1) Use of deadly physical force is authorized by § 5-2-607; or
(2) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.
HISTORY: Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508.
When in doubt, search the legal code of your state.
In Arkansas, the use of deadly force to protect private property is generally not justified unless there is an imminent threat to life or serious bodily injury. The state allows individuals to use reasonable force to defend their property, but lethal force is typically reserved for situations where personal safety is at risk. It’s essential to understand the specific circumstances and legal standards that apply, as the use of deadly force can lead to serious legal consequences. Always consult legal guidance for specific situations.
Use of Deadly Force in DefenseThough I'm sure the majority of people would not take any pleasure in killing another human being to defend themselves or their property, I definitely believe that using deadly force should be a choice they can make without repercussion. ---Can the government use deadly force to protect their personal and government property? The government in the United States is made up of ... the people...
In South Carolina, the law allows property owners to use reasonable force to protect their property, including deadly force in certain circumstances. However, the use of deadly force is generally justified only if the property owner believes there is an immediate threat to their safety or the safety of others. It’s essential to understand the specifics of the law, as using lethal force can lead to serious legal consequences. It's advisable to seek legal counsel for guidance on self-defense laws in your area.
In Arkansas, the self-defense laws allow individuals to use reasonable force to protect themselves from imminent harm. The law permits the use of deadly force if a person reasonably believes they are facing an imminent threat of death or serious injury. Additionally, Arkansas has a "stand your ground" provision, meaning individuals are not required to retreat before using force in self-defense. However, the use of force must be proportional to the threat faced.
Deadly force can be used to protect your dog if you believe there is an imminent threat of serious harm or death to yourself or others, and if there are no other reasonable options available to stop the threat.
It depends on the state. A very basic rundown is: in some states, a homeowner can use deadly force once an intruder has entered the dwelling. In some states, a homeowner can use deadly force before the intruder is in the house as long as they suppose a threat and are on the property. In some states, the homeowner cannot use deadly force unless the intruder has a weapon.
No. You cannot use deadly force in defense of property. Not even if you're "aiming at a leg". You can use deadly force to protect yourself, and other humans, from imminent harm. If you go too far and use disproportionate force in defense of yourself or others, you can still be liable for manslaughter.
R.A.M.PReturn fire with aimed fire. Return force with force. You always have the right to repel hostile acts with necessary force.Anticipate attack. Use force first if, but only if, you see clear indicators of hostile intent.Measure the amount of force that you use, if time and circumstances permit. Use only the amount of force necessary to protect lives and accomplish the mission.Protect with deadly force only human life, and property designated by your commander. Stop short of deadly force when protecting other property.
Yes if your asking about deadly force, but not in the person's dwelling or on the curtilage surrounding the person's dwelling if not the original aggressor and only when it can be done safely.
It depends on where you are, but in the United States, generally speaking, you can use deadly force to protect yourself and/or an innocent third party. So, in any situation where deadly force is justified, you can protect anyone that needs to be protected. Law varies slightly from state to state, so there may be subtle differences depending on your location, so you should check your local laws.
Yes, only to protect though. Unlike Area 51, military bases are only untitled to use deadly force if absolutely necessary
This varies from Sate to State in the U.S.Generally, if you have a reasonable belief that life or property (yours or another's) is in imminent danger, you are allowed to use the MINIMUM level of force required to defend that life or property. If you are actually being attacked with a deadly weapon, then deadly force is almost always justified. Just because a person HAS a weapon does not always mean you were threatened by it (such as when a person is legally carrying a gun).Because this is the Internet, it is probably worth mentioning that no, you cannot use this argument when the police show up. Only a Judge, not a private citizen, can decide that they were trespassing.