Written by Attorney Seth Morris
Everyone facing imminent danger has the right to defend themselves in California. However, the extent of your self-defense varies depending on the threat you face. California adheres to the castle doctrine, which gives individuals the right to protect themselves from home intruders.
While castles and fortresses are a thing of the past, this doctrine still has relevance to your case, and in some situations, could help you dodge a murder charge. Here’s more on the Castle Doctrine and how it applies to your case.
What is the Castle Doctrine?
According to California Penal Code § 198.5, also known as the Castle Doctrine, “Any person using force intended or likely to cause death or great bodily injury within his or her resident shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household.”
In other words, if a home intruder enters your home and puts you or your family’s life in danger, you have the right to respond with deadly force. However, the law states that you must have a “reasonable fear” that your life is in danger to use deadly force.
Just because someone enters your home doesn’t mean you have the right to shoot them in cold blood. The general rule is to only use the amount of force needed to protect yourself, which may include non-lethal methods.
What Are the Legal Presumptions of the Castle Doctrine?
Understanding the legal presumptions of the Castle Doctrine is crucial to ensure you are acted within your rights. To claim that you had a reasonable fear of imminent death, one or more of the following must be true:
- The intruder unlawfully or forcibly entered your home
- The homeowner knew or had a reasonable belief that the intruder forcibly entered the home
- The intruder used force intended to cause bodily injury or death
- The intruder was not a member of your household
What’s the Difference Between the Castle Doctrine & Stand Your Ground Laws?
The Castle Doctrine dates back to old English Common Law, claiming that if an intruder enters someone’s castle, they have the right to defend it. However, this doctrine doesn’t extend beyond the castle or, to put it in modern terms, one’s home.
That’s where California’s “Stand Your Ground” laws apply. Stand your ground states do not require individuals to retreat or attempt to avoid the danger in order to defend themselves. You are well within your right to “stand your ground” and fight back against an imminent threat to your life.
How to Legally Defend Yourself Outside of Your Home
To lawfully defend yourself outside of the home, the following must be true:
- The level of force you used was equal to the threat against you
- You did not instigate the situation
- The action you took to protect yourself occurred before the threat ended
Similar to the Castle Doctrine, if you had a reasonable fear of imminent death, and you used deadly force to protect yourself, your attorney could claim the justifiable homicide defense. You may be able to claim justifiable homicide in other situations, including the following:
- Battered woman syndrome – This defense protects women who use deadly force against their abusers
- Exercise of Duty – This involves law enforcement officers who use deadly force in the line of duty
- Defense of Others – California’s self-defense laws extend to others who face an imminent threat to their life
Legal Methods of Self-Defense in California
Since the degree of force you may use against an intruder must equal the threat against you, you might have to use non-lethal methods of force, such as personal alarms, pepper spray, and stun guns. However, there are situations where the only option is to use deadly force. In this case, there are certain registered firearms and knives you may lawfully use to defend yourself.
California Penal Code § 16590 lists several weapons that are prohibited, some of which include the following:
- Ballistic knives
- Short-barreled rifles or shotguns
- Large-capacity magazines
- Undetectable firearms
- Brass knuckles
Keep in mind that certain individuals might be prohibited from carrying legal weapons, including convicted felons, those addicted to narcotics, individuals convicted of misdemeanors, and individuals with outstanding warrants. If you use deadly force and belong to one of these groups, this fact may be a hurdle in your case.
Fight Back Against Your Charges – Call Today
When you’re facing assault or murder charges, there’s a lot at stake. You could face years in prison, not to mention the collateral consequences you’ll deal with after your sentence. An experienced Oakland criminal defense lawyer at Morris Law can examine the facts of your case and create doubt.
Attorney Seth Morris will negotiate with the prosecution to have weak evidence thrown out in your case and safeguard your future. Contact Morris Law Today at (510) 225-9955 to schedule your free consultation.
FAQs
California's Castle Doctrine recognizes the fundamental right to feel secure in one's own home. Residents facing unlawful intrusion can stand their ground and defend themselves without an obligation to retreat. The law presumes they genuinely fear injury when encountering intruders.
What is California's Castle Doctrine? ›
California's Castle Doctrine is the legal principle in which residents are presumed to have a reasonable fear of death or great bodily injury if an intruder forcibly enters their home. Thus, it could be deemed a justifiable homicide if the resident kills or injures the intruder in self-defense.
What is the Castle Doctrine explained? ›
The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home.
What is the Castle Doctrine in court cases? ›
The castle doctrine privileges any person to use deadly force in self-defense against an intruder who breaks in or enters without permission. In a homicide case, the use of deadly force is presumed to be reasonable if the intruder broke into the home, and sometimes also the car or office, of the defendant.
What is the Castle Doctrine in California 2024? ›
The Castle Doctrine, under California's Penal Code 198.5 PC, says that a person is allowed to defend their home. If an intruder enters a person's home with a method of deadly force, the homeowner is allowed to use deadly force to protect himself, his loved ones, and his home.
What is the castle doctrine quizlet? ›
The "castle" doctrine states that a person in his home is justified in using reasonable force including deadly force, in response to an assault in his home. There is no duty to retreat under this doctrine.
Does castle doctrine apply to all states? ›
Forty-five states have some form of the castle doctrine. Castle doctrines can vary slightly from state to state, with some states narrowing their right to use deadly force against an intruder.
Which of the following best describes the Castle Doctrine? ›
The castle doctrine refers to an exception to the duty to retreat before using deadly self-defense if a party is in their own home.
Does California have stand your ground law? ›
California is both a “Stand Your Ground” and “Castle Doctrine” state. “Stand Your Ground” means that if someone is threatening you or someone else, you or under no duty to retreat if you wish to claim self defense. You are allowed to remain present and defend yourself, no matter what.
What are the limitations of Castle Doctrine? ›
Limitations on Using Deadly Force. Fear of Death or Great Bodily Harm: Lethal force only permitted when serious physical injury or fatality is reasonably feared. Proportional Response Only: No more force than appears minimally necessary to end the threat in the moment.
An additional eight states—Illinois, California, New Mexico, Colorado, Oregon, Vermont, Virginia, and Washington—do not have written stand-your-ground statutes, but their court systems have set precedents in support of the concept, and so these are generally also counted by legal experts as places where stand-your- ...
What is the opposite of Castle Doctrine? ›
The castle doctrine allows you to use deadly force against intruders to defend yourself within your own home. In contrast, the stand your ground doctrine allows you to use proportional force to reasonably defend yourself at any location where you have a legal right to be.
When was the Castle Doctrine created? ›
The term “Castle Doctrine” itself is attributed to Sir Edward co*ke, the Attorney General of England in 1604 who stated in Semayne's Case (1604) that “the house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose” (co*ke, 1604).
What is the California Castle Doctrine? ›
Yes. Under Penal Code 198.5 PC, California law follows the Castle Doctrine. This is the legal principle that you have no duty to retreat if you confront an intruder at your own home. You are permitted to use force against intruders who break into your home or try to force their way in.
Can you protect your property with a gun in California? ›
Castle Doctrine
This principle allows individuals to use force, including deadly force, without the duty to retreat when they are in their own home and an intruder unlawfully enters or attempts to enter. This doctrine is based on the belief that your home is your castle, and you have the right to defend it.
Is your car an extension of your home in California? ›
Your car is not treated like your home under the California Penal Code. Categories: Auto Accident, Personal Injury.
Is CA a Stand Your Ground state? ›
California is both a “Stand Your Ground” and “Castle Doctrine” state. “Stand Your Ground” means that if someone is threatening you or someone else, you or under no duty to retreat if you wish to claim self defense. You are allowed to remain present and defend yourself, no matter what.
Can you defend your home in California? ›
Can Force Be Used to Defend Property? In California, the owner or person in possession of the personal property can use reasonable force to protect their property from harm. Furthermore, a person can also use force to protect the property of a family member or guest from harm.
Can you use force to remove someone from your property in California? ›
Can I use force to evict a trespasser from my property in California? Yes. If the trespasser does not leave after your request to leave – and it would appear to a reasonable person that the trespasser poses a threat to the property or the occupants – you may use reasonable force to make the trespasser leave.
Can you have a loaded gun in your house in California? ›
California law makes it a criminal offense for a firearm owner to: store a loaded gun in a home, or within an area of the owner's control, and. do so when the owner knows, or should know, that a person prohibited from possessing a firearm under state law or federal law could access it.
