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You have a right to defend yourself and your loved ones if someone breaks into your home – but how far does that go under California law? Our state’s laws are nuanced, and you must understand what you can and cannot do in these tense, emotionally fraught situations.
What Is the Castle Doctrine?
While it may sound like a scene from a movie, the castle doctrine is a legitimate legal principle that states people have no duty to retreat when confronting home intruders. Under Penal Code 198.5, you can use reasonable force against someone who enters your home or tries to force their way in.
This presumption legally protects you as the resident, granting you the benefit of the doubt. If your use of force results in the intruder’s death, the judge may rule it is a justifiable homicide. The rationale behind this law is that the act of forcibly entering a home inherently poses a threat to its occupants’ safety and well-being.
When Can You Use Force Against an Intruder?
In California, there is a legal presumption that you would reasonably fear imminent death or severe bodily harm to yourself or a household member under the following circumstances:
- You know or have reason to believe that an intruder or burglar is unlawfully and forcibly entering, or trying to enter, your home.
- The trespasser is not an invited guest or a legal resident of your household.
- You use force against the person in your home that is likely to cause death or severe bodily injury.
Importantly, the law applies only to incidents inside your home, not on your front lawn or sidewalk. Using deadly force outside your home may be subject to different self-defense rules and require additional justification.
What if the Intruder Was Unarmed?
California law presumes that you were in reasonable fear if someone forcibly entered your home, even if the person was unarmed. However, a lawyer can challenge this presumption in court.
If the prosecution believes your use of force was excessive or unjustified, they may try to disprove your justification – especially if the intruder was unarmed, retreating or if the situation escalated after the initial entry.
Castle Doctrine vs. Stand Your Ground
Notably, California’s castle doctrine does not give you an unlimited right to self-defense wherever you go. While some states have broader “stand your ground” laws that apply to public places, California’s more limited protections primarily apply within your home.
California law still allows self-defense outside your residence, but you must reasonably assess the danger and only use the appropriate amount of force to stop the threat.
Why You Need a Criminal Defense Attorney
Even if you believe you acted within your rights under PC 198.5, you can still be investigated, arrested or even charged – especially in cases where the facts are unclear or the intruder is no longer living.
A criminal defense attorney can help by:
- Asserting your rights under the castle doctrine and related self-defense laws.
- Challenging the prosecution’s narrative and presenting evidence that supports your actions.
- Protecting you from charges such as manslaughter, murder or illegal firearm use.
If you’ve used force in self-defense or face charges related to a home intrusion and reasonable fear, you need legal counsel who understands California’s self-defense laws inside and out. Attorney Ronald Brower will bring over 45 years of criminal defense experience to the legal standards surrounding your case.
Understanding Your Rights
The castle doctrine gives California residents powerful protections – within limits. Knowing when the law allows you to defend yourself in your home is critical, and having a seasoned defense attorney by your side can make all the difference if your actions are ever in question.
Contact Brower Law today if you face legal trouble after defending yourself or your family inside your home. We’ll help you understand your rights and build the strongest possible defense.