{1}

##LOC[OK]##

{1}

##LOC[OK]## ##LOC[Cancel]##

{1}

##LOC[OK]## ##LOC[Cancel]##

Go Home

Subscribe to RSS

Sign up for Newsletter

Customize Site

{1}

##LOC[OK]##

{1}

##LOC[OK]## ##LOC[Cancel]##

{1}

##LOC[OK]## ##LOC[Cancel]##

The Back to School Issue

{1}

##LOC[OK]##

{1}

##LOC[OK]## ##LOC[Cancel]##

{1}

##LOC[OK]## ##LOC[Cancel]##

New and Noteworthy

Castle Doctrine from State to
State

Rate This Article

Related Topics

legal

View PDF Print
Article

It’s been said that a man’s home is his castle, but what rights does this
afford a homeowner in defense of this castle?

The Castle Doctrine (also known as castle law or make my day law) gives
citizens in their homes – and in some states – cars or workplaces the right to
protect themselves, other people, and their property by force – in some
instances even deadly force.

The laws differ from state to state, and what may be considered self defense
in one state, might be grounds for a murder or manslaughter indictment in
another.

Strong Castle Doctrine

Today most states have some kind of castle law. The stronger laws do not
require homeowners to attempt to retreat before using force to protect their
domicile, and there are a select few states that have very strong
stand-your-ground laws allowing citizens to use force in their car or at work
without first trying to retreat.

States like Texas allow citizens protecting their homes, car, or place of
business or employment to use force – including lethal force – when an intruder
has unlawfully entered or is attempting to enter using force; is attempting to
remove someone from the home, car, or workplace by force; or is attempting to
commit a crime such as rape, murder, or robbery. An attempt to retreat is not
required before a citizen is justified in using force against the invasive party
in Texas.

The state of Florida has such a strong Castle Doctrine that the dwelling
being protected does not need to have a roof; can be mobile or immobile; and can
be as temporary as a tent.

Other states with strong Castle Doctrine and stand-your-ground laws include:
Alabama, Arizona, Georgia, Indiana, Kentucky, Louisiana, Montana, Nevada,
Oklahoma, South Carolina, Tennessee, Utah, and Washington.

Softer Castle Laws

Not all states give citizens as much leeway in protecting their personal
property. States like California allow citizens to protect their homes with deadly
force if they feel that they or another person are in physical danger, but does
not extend to theft, and it only protects residents in their home, and not in
cars or at work.

In New York you cannot use deadly force if you know with
certainty that you can avoid an intruder by retreating. You can use deadly force
if you are not the initial aggressor in an altercation within your home.

Other states with limited, little, or no castle law or case law giving
citizens the rights to protect their homes using force include: Idaho,
Pennsylvania, South Dakota, Iowa, New Hampshire, New Mexico, Virginia, Vermont,
and Washington, D.C.

Go Ahead, Make My Day Law

In addition to protecting citizens from criminal responsibility, many states,
such as Texas, protect citizens against civil action being taken against them
after they have used force to protect themselves or others in their home,
automobile, or workplace.

As a homeowner and/or resident in the United States, it’s important to know
the law in your state. So educate yourself.

As a criminal the only real question to ask yourself if you are a considering
breaking into an unsuspecting victim’s home is, “Do I feel lucky?” Well do ya,
Punk?

The information in this article is provided for general information
purposes and should not be relied on as a substitute for actual legal advice.
You are encouraged to consult with an attorney to obtain professional legal
advice on Castle Doctrine in your state.

Author: Brendan
Purves

Related Articles

The
Cybercrime Arms Race

Mock
Trials: Flight Simulators for Legal Students

Defending
Child Welfare

Law
Librarians Check Out Options

Other Articles in this Issue

The
Importance of Continuing Education

Back-to-School
Shopping Gives Retailers Boost

Finding
a Way to Stop Bullying — A Look at the Need for Cyberbullying Laws

Back-to-School
Health — Why Kids Need an Annual Checkup

SouthSource - A Publication of South
University

Health

Business & Technology

& Criminal Justice

More

New and Noteworthy
See all
»

Commuter Students: Connect Through
Extracurricular Activities  South Source learns the benefits of
participating in extracurricular activities.

Saving Strategies for Back-to-School
Shopping  Families don’t have to break the bank or lose their
sanity when going back-to-school shopping.

Back to School Tips to Start the New School
Year Off Right  South Source learns back-to-school tips to prepare
for the new school year.

College Nutrition: Tips on Eating
Healthy  Here are tips on how to eat healthy to stay fit and
energized.

Top Rated Articles

1

2

3

4

5

Start
Me Up: Tech Entrepreneurship Rocks On

1

2

3

4

5

Adventure
Travel — More Than Just a Day at the Beach

1

2

3

4

5

The
Shape of the Fitness Industry

1

2

3

4

5

Modern
Technology as a Status Symbol — What Your Tech Devices Say About
You

©

South University

About
Us

Contact Us

Privacy
Policy

About South
University