People may find themselves facing violent criminal charges in a number of different situations. Sometimes, behavior that seems like it might be criminal is actually self-defense.
For example, people may find themselves facing assault or even homicide charges in scenarios where they have to defend themselves, their families and their homes against a perceived threat. In such cases, people may be able to mount a defense by claiming that they acted without an intent to harm the other party but rather to protect themselves. The castle doctrine could influence their defense strategy and likelihood of success.
What is the castle doctrine?
The castle doctrine is one of many common-law standards that can apply in a self-defense scenario. Specifically, the castle doctrine references the common saying that every man’s home is his castle. The idea is that people have an innate right to defend themselves and their families while in their own homes. In scenarios where people experience a home invasion, they may be able to use physical force, possibly including deadly force, in their attempts to protect their homes and their loved ones.
Is the castle doctrine a state statute?
There is not actually a law on the books affirming the right to self-defense in one’s own home. Instead, there have been prior court rulings clarifying the right to self-defense in a home invasion scenario. People can use an appropriate degree of force based on the degree of threat involved in the situation. That may include deadly threats in scenarios involving armed home invaders.
There is generally no duty to retreat in a situation where people face threats in their own homes. They do not have to try to leave the situation before they have the potential legal option of using force to protect themselves, their residence and their loved ones. In scenarios where people feel threatened because of an unlawful entry into their home and a possible attempt at burglary or another serious crime, they may be able to justify the use of physical force to protect themselves and their loved ones.
Defendants hoping to fight violent criminal charges by mounting a self-defense claim may need to learn about state law and also prior court rulings. The castle doctrine is one of several standards that can help people develop a self-defense claim during a criminal trial.