Yeah, keep in mind, "non-lethal" is a misnomer. "Less-lethal" is more accurate. Only use them if you are ok with taking a life. That said, it is more considerate and although I am no legal expert, Im sure the fact that you at least tried to use less-lethal force first would work in your favor. Im sure many would disagree, but IMO, ressponsible gun owners should always have their home defence weapons loaded with one or two less lethals before actual shot. If you are going to use lethal ammo, consider something like Glaser safty slugs or thunderzaps for pistols and all the variety of oddball shotgun loads that are less-lethal. Again, im sure many would disagree, but I oppose the use of rifles for home defence for both practicallity and safety issues.
It is always better to be saftey conscience and considerate than to risk tragedy.