The legal principle commonly known as the Castle Doctrine posits that an individual isn’t obligated to retreat if their home is being encroached upon, given certain circumstances. This article seeks to clarify the Castle Doctrine, its application, and its implications for those accused of a crime after being a victim of theft or attempted theft.

Should you find yourself in such a situation, don’t hesitate to reach out to Simmons Wagner, LLP at (949) 439-5857 for a complimentary legal consultation.

Essential Aspects of the Castle Doctrine

The Castle Doctrine, legally cited as Penal Code 198.5 PC, gives individuals the right to employ force, even deadly force, in defense of themselves, their families, and their properties against intruders. For it to be lawfully invoked, it must be demonstrated that the individual reasonably feared death or significant physical harm to themselves or someone else in the home.

This applies only if the intruder unlawfully and forcefully entered (or attempted to enter) the residence, the homeowner was aware of or believed in the intruder’s unlawful entry, the intruder wasn’t a family member or resident, and the homeowner then used force likely to cause death or severe injury.

A Daunting Task for the Prosecutor

If a defendant is charged with a crime and opts to use the Castle Doctrine as their defense, it’s the prosecutor’s responsibility to prove that the defendant didn’t have a reasonable fear of death or serious injury when they used force against the intruder. This doctrine essentially swings the presumption of innocence in favor of the resident. If the intruder is killed, it could potentially be considered justifiable homicide under the Castle Doctrine.

Instances Where the Castle Doctrine is Inapplicable

Your criminal defense lawyer can clarify situations where the Castle Doctrine doesn’t apply. For instance, if the supposed victim wasn’t in the house or attempting to enter, the doctrine won’t be applicable. This implies that if a person shoots someone on their front yard and that individual wasn’t trying to access the house, the Castle Doctrine wouldn’t likely be applicable.

Consult a Criminal Defense Lawyer for More Information

If you or a loved one is charged with a crime and you have queries about this or other legal defenses, don’t hesitate to contact Simmons Wagner, LLP at (949) 439-5857 to schedule a complimentary legal consultation with a seasoned attorney. We are ready to help you navigate the best course of action.