Justifiable use of force

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  • (a) Any person is justified in the use of force when:

    • (1) the person is resisting an attempt by another to kill him or to inflict serious bodily injury upon him; or

    • (2) the person is resisting an unlawful or forcible entry by another into his residence and he reasonably believes that there is an imminent threat of harm to him or his family.

  • (b) In determining whether a person is justified in the use of justifiable force, the finder of fact shall consider all relevant circumstances including, but not limited to:

    • (1) time of day;

    • (2) location;

    • (3) visibility conditions;

    • (4) type of weapon, object or instrument; and

    • (5) brandishing of a firearm or other dangerous or deadly weapon, as defined in Section 2251 of this Title, by the perpetrator.

  • (c) A person who uses justifiable force while within his residence against another unlawfully in the residence or attempting to unlawfully or forcibly enter the residence shall be presumed to have held a reasonable belief that there is an imminent threat of harm to his person, provided:

    • (1) that he knew or had reason to believe that an unlawful and forcible entry had occurred or was about to occur; or

    • (2) he knew or had reason to believe that the perpetrator had a dangerous weapon on his person or within his reach.


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