Interviewer: If you rob someone or burglarize a dwelling or a commercial building and they fight back, is there protection for you? What protections exist if you rob someone’s store and they pull out a gun and shoot you, or simply attack you back?
Stuart: Unfortunately, as the defendant, the robber, you are not allowed to defend yourself in any sense. You are in a place where you should not be. Therefore, if somebody pulls out a gun on you, unfortunately you are going to be seen in the wrong.
With that being said, there was a case about 10 years ago where somebody burglarized a home and ran out, and the homeowner shot the burglar in the back. They person was outside the house, running away.
The homeowner was actually charged because the person was no longer a threat to them. They used deadly force on somebody who was no longer there.
That is rare, so much so that it makes the papers. We all get outraged at it. You do read about it every now and then.