NOte: This is a relatively "new" law that, upon the face of it sounds reasonable. However the truth is is that it was passed as more of a political statement rather than jurisprudence. I.e.....it hasn't passed muster with case law or even made it into AR Jury instructions yet.
DISCLAIMER: I'm not a lawyer. This post is for informational purposes only. If you have any questions about this post, be sure to consult an attorney licensed to practice law in Arkansas.
§ 5-2-620 - Use of force to defend persons and property within home.
(a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.
(b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.
(c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.
About a year ago there was a guy here in Arkansas that was drunk and “thought” he was climbing into his own window.
But he entered the wrong apartment and was shot and killed.
Don’t recall any charges against the person living in the apartment.