Castle Doctrine

The Castle Doctrine generally states that when someone is attacked in her home she can use reasonable force as self defense, even deadly force to protect her life and/or another’s life.

The name originated from English common law rules protecting a person’s home-"one’s home is one’s castle". In American legislation it is usually construed broadly to include "dwellings," "residences" and occupied vehicles- as in car-jacking. I’m envisioning the video game "Grand Theft Auto" when the player opens a random car door to steal it and the driver whips out a gun and blows him away.

A number of states in recent years have adopted or considered bills called "Castle Doctrine" bills. These bills contain a variety of provisions and states differ in which provisions they adopt and different states define the doctrine differently. These bills define when a person can use self defense without retreating. Some call these bills "Stand Your Ground" bills.

Some states adapted the bill with expanded circumstances where force could be used in self defense without a "Duty to Retreat".

Common provisions contained in the bills:

• Alaska, for example, expands the types of premises a person is not required to retreat from when using forcible self defense to include home, place of employment or where she is a guest.
• Kansas removed the duty to retreat and adds a statement that any person not engaged in an illegal activity that is attacked in a place she has the right to be has the right to stand her ground and meet force with force.
• Florida added a provision that a person using force had a reasonable fear of death or serious injury to herself or another if the attacker was illegally and forcefully entering a dwelling or occupied vehicle, and while doing so removed or was attempting to remove a person against her will.
• Many of the Castle Doctrine bills provide immunity from criminal prosecution for a person who legally uses force. Some require a court to award attorney’s fees, costs, compensation for lost income and expenses if the court finds that the person acted lawfully.

Protection generally provided by these bills:

• Reinforced right to use deadly force.
• No duty to retreat
• Immunity from criminal prosecution.
• Immunity from a civil action

Castle Doctrine does not provide protection if you:

• Are engaged in unlawful activities
• Provoke the confrontation

Usually one or more of these conditions must be met to use the Castle Doctrine:

• An intruder must have made or is in the process of attempting an unlawful and/or forcible entry in an occupied home, business or vehicle.
• The intruder must be acting illegally: one cannot attack law officers acting in the course of their duties.
• The defender must reasonably believe that the intruder intends to inflict serious bodily harm or death on the occupants, or that the intruder intends to commit some other felony such as arson or burglary.
• The occupants must not have provoked the intruder to the intrusion or to threaten or use deadly force.

To summarize: one is justified in using reasonable physical force on an intruder to defend oneself or another person from what she believes to be the use of physical force or imminent physical force. Deadly force is only warranted if one believes the intruder is using or will use deadly force or about to inflict great bodily harm. If one is in her own home, office or vehicle the castle doctrine removes the "Duty-to-Retreat" before using force to defend herself.

It would be a good idea to familiarize yourself with the Castle Doctrine laws in your own state to insure your confidence to protect yourself on your property.

Click here to return to Self Defense Laws from Castle Doctrine.

Click here to return to the home page.

Custom Search

New! Comments