Ala. Pattern Jury Instr. (Criminal) 13A-3-25

Use of Force in Defense of Premises

One of the issues in this case is the use of force in defense of premises.

Physical Force:

A person in lawful possession or control of premises, or a person who is licensed

or privileged to be thereon, may use physical force upon another person when and to

the extent that he/she reasonably believes it necessary to prevent or terminate what

he/she reasonably believes to be the commission or attempted commission of a criminal

trespass by the other person in or upon such premises.

For the defendant’s use of force against another person to be justified, the force

must have been used under the following circumstances:

(1) The defendant must have been in lawful possession or control of the

premises, or a person who was licensed or privileged to be thereon;

(2) The defendant must have reasonably believed it necessary to prevent or

terminate what he/she reasonably believed to be the commission or

attempted commission of a c riminal trespass by the other person in or

upon such premises; (AND)

(3) The defendant must have used no more force than he/she reasonably

believed to be necessary for the purpose of defense.

[Read if appropriate] - Deadly Physical Force

A person in lawful possession or control of premises, or a person who is licensed

or privileged to be thereon, may use deadly physical force upon another person only:

(1) In defense of a person (as provided in Section 13A-3-23); (OR)

(2) When he/she reasonably believes it necessary to prevent the commission

of arson in the first or second degree by the trespasser.

The defendant is not justified in using physical force if: [Read appropriate part]

(1) With intent to cause physical injury or death to another person, he/she

provoked the use of unlawful physical force by such other person;

(2) He/she was the initial aggressor, except that his/her use of physical force

upon another person under the circumstances is justifiable if he/she

withdraws from the encounter and effectively communicates to the other

person his/her intent to do so, but the latter person nevertheless continues

or threatens the use of unlawful physical force; (OR)

(3) The physical force involved was the product of a combat by agreement not

specifically authorized by law.

Premises includes any building and any real property. [13A-3-20(5)]

A building is a structure which may be entered and utilized by persons for

business, public use, lodging or the storage of goods, and includes any vehicle, aircraft,

or watercraft used for the lodging of persons or carrying on business therein. Each unit

of a building consisting of 2 or more units separately occupied or s ecured is a separate

building. [13A-3-20(1)]

A vehicle is a motorized conveyance which is designed to transport people or

property. [13A-3-20(7)]

Force is physical action or threat against a nother, including confinement. [13A-3-

20(4)]

A reasonable belief is a belief formed in reliance upon reasonable appearances.

It is a belief not formed recklessly or negligently. The test of reasonableness is not

whether the defendant was correct in his/her belief but whether the belief was

reasonable under the circumstances existing at the time. (Commentary)

[Read if Criminal Trespass or Arson I or II] - Deadly physical force is force which,

under the circumstance s in which it is used, is readily capable of causing dea th or

serious physical injury. [13A-3-20(2)]

The defendant does not have the burden of proving that he/she acted in self -

defense. To the contrary, once self -defense becomes an issue, the State has the

burden of proving beyond a reasonable doubt that the defendant did not act in self -

defense.