Re: Indiana Code IC 35-41-3-2 & IC 35-41-3-3 How protected am I for standing my ground and protecting my property from theft?

Recently, I have had problems with people stealing items from my property (outdoors). Solar lights around landscaping to be exact. The lights aren't overly expensive, but they are the cheap ones either. I started out with 10 of them and they have stolen 7 of them. I am in the process of putting up wireless security cameras, but will take a couple of weeks to get it done. Last year someone tried to break into my home while I was sleeping. My husband works nights. I do have a gun. Licensed to carry in Indiana. Have gone through classes. However, what is reasonable force against theft of property on the "Stand Your Ground (Castle) Law" in Indiana?

Clarksville, IN -

Attorney Answers (1)

Guy Henry Haskell

Guy Henry Haskell

Criminal Defense Attorney - Bloomington, IN
Answered

The law aside, do you really want to shoot someone for stealing a solar landscaping light? As far as the statute is concerned, you are justified in using deadly force and do not have a duty to retreat if you reasonably believe that that force is necessary to prevent the commission of a FORCIBLE felony. A forcible felony is a felony that involves the use or threat of force against a human being or in which there is imminent danger of bodily injury to a human being.

If your property is "curtilage" associated with your home, you are justified in using reasonable force, including deadly force to prevent to terminate the other person's unlawful entry.

The law aside, do you really want to shoot someone for stealing a solar landscaping light?

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