Self defense laws in Arkansas

[nerdyperdy]

I'm new to the forum and have a question..rather serious, but still a question.


I have dealt with unsavory people in the past and it looks like it's catching up to me. I am 24 years old and have had threating phone calls, txt and people trying to get in my house at all hours of the night.
I am concerned for not only my safety but the safety of my girlfriend also.

If someone was to break into my house, am I legally allowed to shoot them..I'm not asking for a legal way to kill someone, I'm asking if I can shoot them, and if I do kill them(not my intention), will I go to jail?

I do have a criminal record involving theft and possession of marijuana(all misdemeanors) but nothing violent. Would they look at that and be able to use that against me?

I am reluctant to contact my local police because that would bring up the past and why they have decided to come after me now.

Also, they house I live in is my girlfriends moms. I do have permission to live here but am wondering if that has any affect on the laws.

The laws I am wondering about are Section 5-2-606 & Section 5-2-607 of the Arkansas Code.


Thank you for your time and I look forward to your response. Also, would my criminal record bar me from joining the police force?


~Nerd

Edit: How can I get my complete criminal history????

[Citicop]

I'm new to the forum and have a question..rather serious, but still a question.


I have dealt with unsavory people in the past and it looks like it's catching up to me. I am 24 years old and have had threating phone calls, txt and people trying to get in my house at all hours of the night.
I am concerned for not only my safety but the safety of my girlfriend also.

If someone was to break into my house, am I legally allowed to shoot them..I'm not asking for a legal way to kill someone, I'm asking if I can shoot them, and if I do kill them(not my intention), will I go to jail?

I do have a criminal record involving theft and possession of marijuana(all misdemeanors) but nothing violent. Would they look at that and be able to use that against me?

I am reluctant to contact my local police because that would bring up the past and why they have decided to come after me now.

Also, they house I live in is my girlfriends moms. I do have permission to live here but am wondering if that has any affect on the laws.

The laws I am wondering about are Section 5-2-606 & Section 5-2-607 of the Arkansas Code.


Thank you for your time and I look forward to your response. Also, would my criminal record bar me from joining the police force?


~Nerd

Edit: How can I get my complete criminal history????

1.) I think that the laws you outlined are clear. If you *reasonably* believe that the other person is about to commit a violent felony or use illegal deadly force against you, then you are justified in using deadly force to defend yourself. You have no obligation to retreat if you are in your residence.

2.) Self defense is a legal defense to a criminal charge. If you shoot someone, be prepared to be arrested, charged, and taken to court. Maybe it won't get that far, but it easily could.

3.) No one is going to hold some misdemeanor charges against you. I would contact the police and be completely up front with them about what's going on. Then I would document the conversation somehow, so that if I had to shoot an intruder, I would be able to say "I talked to Officer Citicop on 05-15-2010 and told him everything that was going on. He said..."

4.) The misdemeanor record you mentioned by itself would not disqualify you from being a police officer, but there is more to getting hired than meeting the minimums. What kind of drug use do you have? Any heavy marijuana use or use of hard drugs will be a dealbreaker. And if you are involved in stuff serious enough that people are coming after you in your house now, I doubt that the background investigator would look favorably on what we refer to as "undetected crime" of the level you seem to have been involved in. At best, it would be a steep uphill climb without those last two issues. With them, you might be better off pursuing a different line of work.

5.) You can go to your local police or sheriff's station and ask for a background record check (different than the full investigation they would do if they were going to hire you). But if you can't remember how many times you were arrested and what for, you have more serious problems than that, I think...

-Citicop.

[nerdyperdy]

1.) I think that the laws you outlined are clear. If you *reasonably* believe that the other person is about to commit a violent felony or use illegal deadly force against you, then you are justified in using deadly force to defend yourself. You have no obligation to retreat if you are in your residence.

2.) Self defense is a legal defense to a criminal charge. If you shoot someone, be prepared to be arrested, charged, and taken to court. Maybe it won't get that far, but it easily could.

3.) No one is going to hold some misdemeanor charges against you. I would contact the police and be completely up front with them about what's going on. Then I would document the conversation somehow, so that if I had to shoot an intruder, I would be able to say "I talked to Officer Citicop on 05-15-2010 and told him everything that was going on. He said..."

4.) The misdemeanor record you mentioned by itself would not disqualify you from being a police officer, but there is more to getting hired than meeting the minimums. What kind of drug use do you have? Any heavy marijuana use or use of hard drugs will be a dealbreaker. And if you are involved in stuff serious enough that people are coming after you in your house now, I doubt that the background investigator would look favorably on what we refer to as "undetected crime" of the level you seem to have been involved in. At best, it would be a steep uphill climb without those last two issues. With them, you might be better off pursuing a different line of work.

5.) You can go to your local police or sheriff's station and ask for a background record check (different than the full investigation they would do if they were going to hire you). But if you can't remember how many times you were arrested and what for, you have more serious problems than that, I think...

-Citicop.

I appreciate the info and I would rather be safe then sorry so I asked.

My criminal record with the marijuana was first a felony.Manufacturing schedule 6 with intent....I had one plant, not even a foot tall, and got arrested on old fines, and the pot charge came on my court date 2 weeks later. I plead down to simple possession and got 13 months in the county, I served 12 months and 20 days.

Only drug use is pot..smoked a bit in high school but nothing hard.

Thanks for the info.


~Nerd

[sgtbear111]

You may have a problem with firearm possession: (1) as an habitul user of illegal drugs i.e. marijuana, (2) serving or sentenced to a jail term over one year. See ATF form 4473.

If unsavory people keep coming around you, what is going on with you today that continues their interest in you? Your concern for use of lethal force against them suggests you are minimizing your involvement, past and present. I suspect more than a "bit" of involvement, if you seek a firearm for security. For the bottom line on legal issues, consult an attorney.

I think your chances for a law enforcement position were lost with the drug use/possession and the jail term.

[nerdyperdy]

You may have a problem with firearm possession: (1) as an habitul user of illegal drugs i.e. marijuana, (2) serving or sentenced to a jail term over one year. See ATF form 4473.

If unsavory people keep coming around you, what is going on with you today that continues their interest in you? Your concern for use of lethal force against them suggests you are minimizing your involvement, past and present. I suspect more than a "bit" of involvement, if you seek a firearm for security. For the bottom line on legal issues, consult an attorney.

I think your chances for a law enforcement position were lost with the drug use/possession and the jail term.

I made some bad choices in the past that caused some people a great monetary loss and now they know where I live. I am not concerned about the use of lethal force, I was just wanting some clarification as to the laws. My intention is not to kill, but I would if I had to to protect me and my family.


How am I a habitual drug user...and how can they tell if I don't tell???

I was going to e-mail someone from the local PD and ask about my few concerns and see what they have to say.


~Nerd

Does it matter HOW I was sentenced?? I didn't get a 13 month sentence..I got 11/29 all suspended but 6 months(for the pot) running consecutive to 2 prior cases (11/29 a peice) being ran concurrent. Ended up, with good time added in to be 13 months..I did it all but 10 days. Does this matter???

[Samuel]

I wouldn't hire you.

[PapaBear]

Arkansas does not have a "Castle Doctrine" in their codes; however, you do have the right to reasonable defense of your residence if you believe that harm may be forthcoming to any of the occupants within the residence at the time, up to and including deadly force.

Without the "Castle Doctrine" you will be required to completely outline those actions by others that led you to believe that harm would come to you. That must be immediate harm at the time of your actions and not issues of your past; unless, they are relevent to the situation.

With your past convictions are you permitted to own a firearm? You had best look into that before you do anything rash.

[nerdyperdy]

Arkansas does not have a "Castle Doctrine" in their codes; however, you do have the right to reasonable defense of your residence if you believe that harm may be forthcoming to any of the occupants within the residence at the time, up to and including deadly force.

Without the "Castle Doctrine" you will be required to completely outline those actions by others that led you to believe that harm would come to you. That must be immediate harm at the time of your actions and not issues of your past; unless, they are relevent to the situation.

With your past convictions are you permitted to own a firearm? You had best look into that before you do anything rash.

So let me get this right...

if someone was to break intop my home and try to do whatever harm to me(or my family) that they could, I have to right to defend myself by using up to lethal force?? And as far as I know, I can own a firearm. I have no violent crimes and no felonies(thought those were the only conditions)

[Citicop]

How am I a habitual drug user...and how can they tell if I don't tell???

1.) The whole point of a background investigation is to find out what you are trying to hide. They do it a lot and they are pretty good at it.

2.) You have a felony arrest (and subsequent misdemeanor conviction) for possession/cultivation of marijuana. How likely are they (in your opinion) to believe that you were growing marijuana in your house, but you only "experimented" with it? I wouldn't (and don't) buy that even for a second. I doubt they will. Even if you don't smoke at all now, you were very likely (based on the arrest alone) a habitual user at one time. Even without the background and polygraph phases, you will have a hard time convincing a department of anything other than that.

3.) Sounds like you are considering lying on your application and background info. If you even seriously considered it (and I think you did above) then we don't need you in this profession for a host of other reasons. If you'll lie to get hired, you'll lie in a report, you'll lie under oath, you'll lie to your supervisors, etc. We don't need people like that.

-Citicop.