What is the Castle Doctrine?
The Castle Doctrine is a self-defense provision that allows for the use of force, including
deadly force, within one's home.
The Castle Doctrine has been adopted in full in some states, and in part in others, as
a means of justifiable homicide. A local criminal defense attorney may best know if the Castle Doctrine applies in your case.
Castle Doctrine Explained
Based on the English Common Law provision that one's home is one's "castle", the Castle Doctrine is a popular yet controversial law that allows for a person whose home is under attack to use force upon the attacker.
As each state has its own Castle laws, there are a number of limitations and exclusions to the law. Generally speaking, though, the occupant:
- must believe that the intruder intends to do serious harm;
- must believe that the intruder intends to commit a felony;
- must not have provoked the intruder or threat of harm;
- may be protecting himself or any other within the residence; and
- may need to announce his presence and intention to retaliate.
In all cases, the occupant must legally be in the residence, and the intruder must be there illegally. Additionally, Castle laws may extend these rights to a workplace, car, or other residence where the occupant is legally.
In some states, the Castle Doctrine provides complete immunity, including from future civil suits brought forth by the intruder and/or the intruder's family.
Stand Your Ground vs. Duty to Retreat
States that have adopted the Castle Doctrine have done so in a number of ways. One of the most prevalent is the Stand Your Ground clause, which states that a homeowner who is under perceived threat of attack has no obligation to try to escape his or her attacker before
resorting to deadly force.
On the opposite side is the Duty to Retreat, which states that force should be a last resort, and the homeowner must, within reason, try to escape his attacker before retaliating.
State Passage of the Castle Doctrine
Currently, there are a number of states which have passed laws in favor of some version of the Castle Doctrine, including:
- Alabama
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Florida
- Hawaii
- Kansas
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Ohio
- Oregon
- New Jersey
- North Carolina
- Rhode Island
- Texas
- Utah
- West Virginia
- Wyoming
Additionally, some states have passed laws that encompass parts of the Castle Doctrine without explicitly calling them such. Some states have also passed a "weak" version of the Castle Doctrine that keeps the duty to retreat but still allows for the use of deadly force in a home invasion. Some of these states include: Idaho, Illinois, Minnesota, and New York. A local criminal defense attorney may be your best resource in determining if the Castle Doctrine may be a viable defense in your case.
To connect with a criminal defense attorney, simply call us toll-free at 877-445-1059 or fill out the no-obligation free case evaluation form on this page, to schedule your consultation.
The above summary of the Castle Doctrine is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on the Castle Doctrine, speak to a criminal defense attorney in your area.