In recent years, there has been a lot of media attention paid to cases where someone used lethal force against another person. “Stand your ground,” also known as the Castle Doctrine, laws exist in certain jurisdictions, allowing people to use force if they think they are in immediate danger. The Castle Doctrine may apply in California if a person feels afraid of an invader while within their house.
Keep reading to learn what this could mean for your criminal case and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation with an experienced criminal defense attorney in Whittier CA.
What the Castle Doctrine Means
People in their houses are under no obligation to flee if an intruder breaks in or tries to force their way in under the Castle Doctrine. Instead, there is a legal presumption that a resident legitimately anticipated immediate death or serious bodily injury, and so might use action, even lethal force, against an invader under certain circumstances.
This legal theory can be used by a criminal defense attorney in Whittier CA to argue that criminal charges should not be pursued or that the charges should be dismissed.
When the Castle Doctrine Applies
The Castle Doctrine is founded on the notion that forced entry into a home poses a hazard to the residents’ life and limb. It’s OK to use if:
- An intruder or burglar enters or attempts to enter the residence unlawfully and forcibly
- The resident knew or had reasonable grounds to believe that an intruder had unlawfully and forcibly entered or was entering the home
- The intruder was not a member of the household or family
- The resident used force with the intent or likelihood of causing death or serious bodily injury to the intruder inside the home
For the purposes of this legislation, considerable bodily injury refers to serious or severe physical harm, as opposed to mild or moderate harm.
How the Castle Doctrine is Used
When employing force against an invader, the Castle Doctrine is a legal presumption, which implies that a prosecution must establish that the homeowner did not have a realistic fear of death or serious bodily damage. In essence, it grants a resident the benefit of the doubt, allowing homicide to be justified even if the invader is killed.
The Castle Doctrine only applies to a person’s own residence. It can’t be utilized if someone walks into your yard or onto your porch, for example. However, a criminal defense attorney in Whittier CA may be able to apply additional concepts of self-defense in certain situations. Provided a homeowner kills a person who enters their yard and threatens them with a knife, they may be entitled to claim self-defense if they reasonably felt there was imminent danger, that lethal action was required, and that they used no more force than was necessary to defend themselves.
You may be able to utilize the Castle Doctrine as a defense if you were charged with a felony in California while attempting to defend yourself, your family, or your house. The Chambers Law Firm can assess your situation to see if this or another legal defense applies. To book a free consultation with a criminal defense attorney in Whittier CA call 714-760-4088
