<P> A 1946 ruling by the New Mexico Supreme Court (State v. Couch) held that defense of habitation alone, without specific statute, gave a homeowner the right to meet force with force "for a man's house is his castle ." As a result of this ruling, judges provide a specific instruction to juries in self - defense cases, which states, "A person who is threatened with an attack need not retreat . In the exercise of his right of self defense, he may stand his ground and defend himself ." As applied to self - defense situations inside the home, the Couch ruling establishes the presumption that an aggressor unlawfully entering an occupied dwelling intends to inflict bodily harm on a homeowner or lawful occupant, thereby justifying the use of lethal force in such situations . </P> <P> Authorities currently conduct investigations to determine on a case - by - case basis if the use of lethal force in self - defense was justified, particularly for situations occurring outside of the home . Factors that authorities consider in determining whether or not the use of lethal force was justified include: 1) whether the aggressor acted without provocation by the defender; 2) the aggressor reasonably posed a risk of bodily harm to the defender (or third party subject to the attack); 3) whether there was an avenue of escape available to the defender in order to avoid or evade the aggressor; and 4) whether the amount of force used to stop the attack was reasonable . It must be noted that those who lawfully use lethal force in self - defense may still face prosecution and have to reference the 1946 Couch decision as an affirmative defense to any criminal charges arising from the incident . Additionally, one using lethal force in lawful self - defense does not have immunity either through statute or court precedents from potential lawsuits by the aggressor and / or his or her surviving relatives . </P>

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