December 6, 2024 | Kentucky Law
Many people assume that if you catch someone trying to steal your car, you can shoot them. However, that’s not necessarily the case. The law is much more complicated when defending property, including your car.
If you illegally shoot someone, you could face severe repercussions such as prison time and fines. Make sure that you understand the law before you draw your gun.
When Can You Use Deadly Force In Kentucky?
You can use deadly force in Kentucky in limited situations. Even though Louisville is relatively safe, there may be situations where you need to protect yourself or your family. The most common situation is when you believe that deadly force is necessary to protect yourself against:
- Death
- Serious bodily injury
- Kidnapping
- Rape
- A felony involving force
You can also use deadly force under the Castle Doctrine.
The Castle Doctrine In Kentucky
The Castle Doctrine governs when you can use deadly force to defend yourself in your own home. Depending on the circumstances, the Castle Doctrine may also apply to protecting your car.
The Castle Doctrine says that it is reasonable for an individual who fears death or great bodily injury to use deadly force against someone who is breaking into their home, residence, or occupied vehicle. While this is the general rule, there are a few exceptions, including:
- The person had a legal right to be present in your home, residence, or car.
- A lawful guardian is attempting to remove a child or grandchild legally.
- You were involved in a criminal activity at the time you used deadly force.
Under the Castle Doctrine, you are not obligated to retreat before using deadly force.
How Do The Deadly Force Rules Apply To Cars?
You can only shoot someone who is trying to steal your car if the situation falls under either the Castle Doctrine or the regular deadly force rules.
In Kentucky, the Castle Doctrine applies to occupied vehicles. For example, if you are inside your car and get carjacked at gunpoint, you can probably use deadly force. That’s because you are defending yourself from imminent death or serious injury. If, however, you notice that someone is stealing your car across a mall parking lot, you probably cannot shoot at the perpetrator unless they are physically threatening you.
Additionally, if you are physically in your car and someone breaks in, you may be allowed to use deadly force without retreating under the Castle Doctrine. In that scenario, the law lets you presume that the intruder intended to cause you death or great bodily harm.
What Happens After I Shoot Someone Trying To Steal My Car?
If you shoot someone who is trying to steal your car, you need to immediately call the police as soon as it is safe to do so. The police will respond to the scene and take your statement. They will also collect evidence that potentially includes:
- Bullet casings
- The gun
- Photographs
- Video footage
- Witness statements
- Physical evidence (such as gunshot residue)
Whenever you shoot a gun at another person, you can expect a full investigation. If the person is injured or has died, the investigation may be long and ongoing. It is important that you clearly explain what happened and cooperate with the police throughout the process.
If at any point you have questions about your rights or concerns after the investigation, you always have the right to contact a defense attorney.
Contact the Louisville Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States
