A new law that went into effect Thursday now recognizes a victim does not have to retreat in cases where there is forced entry into their home, office or car.

Called the Castle Doctrine, the law gives homeowners the right to use deadly force when they encounter these situations.

Under the old law victims had to prove intruders were intending to do harm, said Captain Jay Burch of the Halifax County Sheriff's Office, who is also a state certified firearms instructor and state certified concealed carry instructor. “The state now recognizes that someone breaking into your home is presumed to be doing so to commit an unlawful act involving force or violence.”

Major Bruce Temple, also of the sheriff's office, said before the passing of the Castle Doctrine, victims, “Would have to articulate why they felt threatened.”

Burch said officers would have to investigate that intent, “In order to not charge you. We would have to prove that throughout our investigation.”

Whether it will make investigations easier is unknown. “We're going to have to do the same thing we did before. It allows us to treat to our victims as victims of break-ins without having to treat them as a suspect as well. It lessens the citizens' burden of proving their actions.”

With passage of this law, discretion is still advised. “It should give the citizens more comfort to address the issue rather than proving someone else's intent.”

Burch explained, however, “Just because you think they're breaking in, it's not open season.”

If you witness a person on your steps and they leave you can't shoot.

For instance, Burch said, someone beating on your could be a neighbor in distress. “You can't take back that unwanted shooting.”

On his website for his Completely Concealed firearms courses, Burch explains, “A lawful occupant within his or her home, motor vehicle or workplace does not have a duty to retreat from an intruder.”

He further explains, however, the presumption does not apply in circumstances where the person against whom the defensive force is used has discontinued all efforts to unlawfully and forcefully enter the home, car or work place.

“My opinion is that you may face criminal and/or civil action if you use deadly force against someone who has discontinued all efforts to unlawfully and forcefully enter the home … or has attempted to exit the home ...”

What the state has done, Burch said, “Is taken the burden of you proving intent. It doesn't give you open range to shoot people. It doesn't mean if you see someone breaking in your car (you can shoot them). We'll have to see how the judges interpret it.”

Still, Burch said, the sheriff's office advises if you encounter a situation there are many factors to consider, including the ability to defend yourself. “We strongly suggest you withdraw to another room and lock the door and call 911. It's mentally trying after you've been involved in a situation like that. People need to be prepared mentally and physically for that. You can't un-shoot someone. Once the bullet has left the barrel you can't pull that one back.”