In a nighttime break in...in the dark...how are you supposed to accurately assess whether or not the criminal intends to harm you before it's too late? Even in the article linked in the OP, it sounds like the criminal fired first, which means the homeowner was just extremely lucky that he missed.
I say the law should allow homeowners to err on the side of caution, which is to assume that the burglar will cause harm until proven otherwise. Burglars will know this risk before they enter a home, so if it's a risk they want to take then let them.
The other solution is to buy pepper spray or some other non-lethal self-defense.