Skip to main content

If a person is breaks into your home, he is going to rape you, what is considered excessive force for self defense?

Durham, NC |
Attorney answers 4


No, it would not be excessive force.


In most states you are allowed whatever force is necessary to prevent a felony. A taser is certainly not excessive. An axe might be if you kept striking someone once they fled or were down on the ground.
Austin Jail Release and Bond Assistance
Austin Probation Lawyer
Austin Felon Lawyer

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,


This is a hard hypothetical question to answer because if you are using self-defense, you either don't get charged with anything or you get charged but the jury doesn't convict you. As a result, there aren't a lot of court opinions that actually say how much force is reasonable, because no one appeals those cases.

That said, if you are facing rape, you could probably safely use a taser, a gun, or an ax to defend yourself. I sincerely hope you never need to use this information personally!

This information is for educational purposes only and is not intended to form a client/lawyer relationship. I currently work for North Carolina Prisoner Legal Services, Inc., a non-profit law firm which exists to protect the rights of prisoners in the custody of the state of North Carolina. If a loved one is in prison in North Carolina, advise the inmate that they may write to North Carolina Prisoner Legal Services, Inc. NCPLS will review their case at no cost and will litigate at no cost to the inmate if the case meets NCPLS' standards. NCPLS can also provide some assistance to inmates seeking to represent themselves.


For your sake I hope this is just a terrible hypothetical. That being said, if you had a gun, shoot him; baseball bat, swing away. Governor Perdue helped to finally give much more power to te homeowner in the use of force if someone broke into your house.

Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at to find out more.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer