can a person leave their home or apartment to confront a person that is trying to enter a window
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can a person leave their home or apartment to confront a person that is trying to enter a window
person came outside with a knife and attacked the person outside the home
slashing and stabbing them. Question is was it legal for the person to leave the
home/apartment to confront the person who had no weapons.
Asked on January 29, 2018 under Personal Injury, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, it was not legal. Self-defense only applies if you *must* defend yourself. If the perpetrator was still outside, it was unnecessary to confront them: the resident could have called the police and remained inside for the police to respond and deal with the situation. If you slash or stab someone when there is no need to, that is assault or attempted murder. If the person had actually broken in, that may have been a different story: using force on a violent or potentially violent intruder inside your home is often acceptable. But the fact that the perpetrator was outside make an enormous difference.
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