Lawyer explains rights to defend yourself, your property

Many questions remain after a homeowner shot and killed someone who was breaking into their home.
Published: Apr. 25, 2023 at 4:24 PM CDT
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BATON ROUGE, La. (WAFB) - Many questions remain after a homeowner shot and killed someone who was breaking into their home.

A 37-year-old man is dead after allegedly breaking into a home that wasn’t his.

RELATED: BRPD: Homeowner kills man forcing his way into home; ‘possibly justifiable’

The shooting happened on Ontario Street near North Acadian Thruway on Monday, April 24. According to the Baton Rouge Police Department, Lawrence Bajoie, 37, was fatally shot in the torso by the homeowner after Bajoie forced his way into the house.

“We in Louisiana have what is called a ‘castle doctrine;’ your home is your castle,” said legal analyst and defense attorney Franz Borghardt. “You have the right to defend that.”

And then there’s an act of self-defense, which extends beyond your home.

According to the law, a homicide is justifiable when you reasonably believe that you are in imminent danger of losing your life or getting seriously harmed.

“Self-defense and castle doctrine sound like the same, different standard. You can use self-defense to defend yourself when not in your home or car or when they are not in your home or car as long as it is reasonable amount of force necessary to repel the harm,” explained Borghardt.

He said if you ever have to use deadly force to save your life there are things to remember.

“Don’t flee the scene. Call the police and give enough details,” added Borghardt.

Police said the homeowner and intruder did not know each other. No charges have been filed at this time.

The case remains under investigation.

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