Home Invasions in Tennessee
According to the Knoxville Police Department, there were 109 home invasion robberies last year within the Knoxville city limits. There have already been 60 home-invasion robberies since January of this year.
The KPD insists that these numbers don’t mean that there is an epidemic of violent robberies in Knoxville. A spokesman for the KPD indicated that, since 2003, only 3 people have died and “several others” have been injured during the course of a home invasion.
He also indicated that most home invasions are usually fueled by the illegal drug trade. “In nearly every single incident, the facts of the investigation have indicated that there had been some kind of prior [illicit] business dealing between the suspects and the victims, or that it was family related. It’s very rare to have a complete stranger home invasion.”
Nevertheless, homeowners and tenants in Tennessee generally have the right to defend themselves against home invaders.
Under Tennessee law, a person can use deadly force to protect against someone who unlawfully and forcibly enters his or her home, without having the duty to retreat, if he or she has a reasonable belief that there is imminent danger of death or serious bodily injury. (The danger creating the belief of imminent bodily injury must also be real or honestly believed to be real at the time of the invasion, and the belief of danger must be founded upon reasonable grounds.)
Reasonable belief of imminent danger or serious bodily injury is presumed upon evidence that the defendant had reasonable grounds to believe that there was an unlawful break-in. However, this presumption is removed if the person injured had a right to be in the residence, or if the defendant was engaged in an unlawful activity or the residence was being used for unlawful activities.
If you injured or caused the death of someone who unlawfully entered your home or property, you have certain rights under the law that can relieve you from criminal liability. To learn more about your rights under the law, contact an experienced Knoxville criminal defense attorney to set up an initial case consultation. Call Baker Associates at 866-853-2888 for more information.
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