If the person using deadly force is outside of their residence or occupied automobile, deadly force may only be used when it is reasonably believed to be necessary. Even outside of the home, a person who is lawfully in an area that they are entitled to be in has the right to use the force necessary, including deadly force, if they reasonably believe such force is necessary to prevent great bodily hard or death or to prevent the attacker from committing a forcible felony.
The new provisions go one step further and create a new "presumption" under the law that the person attempting to enter the vehicle or residence was presumed to have the intention of committing a forcible violent felony if they gained entry.
This new presumption is a powerful tool at trial that can be argued to the jury by the criminal defense attorney. In addition, a new standard jury instruction addressing this presumption can be requested at trial, so that the judge will read to the jury the rule about this presumption that the alleged victim was attempting to commit a forcible violent felony at the time of the incident.
Contact me today and I'll schedule a consultation so we can discuss the details of your case and best strategies to fight the charge. The free consultation is a "strategic planning session." From that meeting, you will know what you need to do as you fight for the best result in your case.