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Castle Law
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 (just like the 3 strike law), 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
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.
<snip>
More info: http://www.totalcriminaldefense.com/overview/castle-doctrine.aspx
All of the states define Castle Law, Stand Your Ground,and Duty to Retreat differently.
In some cases, SYG has been interpreted very broadly. It as been used successfully in court for cases that do not involve a residence.
What happens to someone involved in a self-defense situation will depend on the state, the instructions from the judge, and how the law is interpreted.
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 (just like the 3 strike law), 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
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.
<snip>
More info: http://www.totalcriminaldefense.com/overview/castle-doctrine.aspx
All of the states define Castle Law, Stand Your Ground,and Duty to Retreat differently.
In some cases, SYG has been interpreted very broadly. It as been used successfully in court for cases that do not involve a residence.
What happens to someone involved in a self-defense situation will depend on the state, the instructions from the judge, and how the law is interpreted.
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