(ConservativeSense.com) – A Texas homeowner shot an 18-year-old alleged intruder, who was later arrested and charged with burglary. The incident occurred in the town of Frisco, where a caller told a 911 operator that an intruder entered their backyard, pulled a ladder from the back of the house, and broke a window with it. When officers were on their way, they heard shots and arrived to find Clinton Montgomery inside the home with gunshot wounds.
Police investigations confirmed the caller’s allegations, and Montgomery was transferred to a local hospital for treatment. He was subsequently arrested and detained for burglary, an offense carrying a 20-year prison sentence and a $10,000 fine.
Experts advise that the laws on shooting burglars or intruders vary from state to state and warn that there are limits to the level of force a victim of burglary can use. To justify a self-defense shooting, the shooter must not be an aggressor, must have a reasonable belief that force is necessary and there is an immediate threat, and must be unable to retreat or leave the situation.
The requirement to retreat does not apply under the so-called Castle Doctrine, which derives from English Common Law and purports that your home is your castle, and you have the right to defend that castle through forceful means.
Some states also allow the “Stand Your Ground” defense, which is not without controversy, particularly in Florida, where it permits people to use force to prevent the commission of a felony. Florida’s law states that people can use force if they believe it is necessary to defend themselves or others against a crime.
Stand Your Ground made global headlines in 2012 when Florida man George Zimmerman shot and killed teenager Trayvon Martin and claimed self-defense. Despite accusations that Zimmerman had racist intentions, a jury acquitted him following the judge’s instruction that Zimmerman was under no obligation to flee and had the right to defend himself under Stand Your Ground laws.
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