Castle Doctrine Laws by State
The castle doctrine (also known as the castle law or make my day law) gives citizens in their homes – and in some states – cars or workplaces the right to protect themselves, others and their property by force – in some cases, even lethal force. Self-defense of possession is not allowed in case of threat (“ameaça”). It is necessary that the owner in his possession is effectively and physically disturbed (“turbação”) or completely separated from him (“esbulho”). An owner acting in accordance with the provisions of article 1.210 of the Civil Code is exempt from any civil or criminal liability. With regard to the law of tortious liability, article 188, inc. I of the Civil Code maintains that it is not an unlawful act “the lawful exercise of a right recognized by law”. As a homeowner and/or resident of the United States, it is important to know the law of your state. So find out more. Today, most states have some sort of castle law. Stricter laws do not require homeowners to try to withdraw before using force to protect their homes, and selected states have very strict laws that allow citizens to use violence in their cars or at work without first trying to withdraw. While some states allow you to claim yourself, in others you can be prosecuted for killing someone if you could have safely moved away from the confrontation.
To learn more about self-defense laws in your state, contact a local criminal defense attorney. The common law principle of the “Castle Doctrine” states that individuals have the right to use appropriate force, including lethal force, to protect themselves from an intruder in their home. This principle has been codified and extended by state legislators. In addition to providing a valid defense in criminal law, many laws that implement the castle doctrine, especially those that have a “stand-your-ground clause,” also include a clause granting immunity from civil actions brought on behalf of the attacker (for damages/injuries resulting from the violence with which they were arrested). Without this clause, an attacker could claim medical bills, property damage, disability, and pain and suffering as a result of injuries inflicted by defence counsel; Or, if force leads to the attacker`s death, his close relatives or estate could take legal action for unlawful death. Even if successfully refuted, the defendant (the owner/defense attorney) would still have to pay high legal fees leading to the dismissal of the lawsuit. Without criminal/civil immunity, such a civil action could be used as revenge against a legitimately acting defense lawyer (who was originally the aggressor`s victim). Self-defence within the meaning of the law is defined as: an assertion or plea that the use of force or the injury or murder of another person was necessary to protect oneself or another person from physical attack. While it may seem simple, a plea of self-defense is often convoluted. What many people don`t know is that self-defense laws vary widely across the country.
There are two main types of self-defense laws currently applied in the United States, as well as the “castle doctrine,” which often accompanies a “stand your ground” law to include property. The term “castle” was defined in 1763 by Prime Minister William Pitt, 1st Earl of Chatham: “The poorest man can defy all the forces of the crown in his hut. It can be fragile – its roof can wobble – the wind can blow through it – the storm can come – rain can come – but the King of England cannot enter.  The laws of at least 28 states and Puerto Rico do not allow for the removal of an aggressor from a legally resident location. The Criminal Code also sets out the factors in the two cases that will be used to determine what is “appropriate in the circumstances.” In addition, case law in Canada has clearly held that the use of lethal force to defend property alone is not appropriate.  The government`s changes were intended to clarify self-defence and property defence laws and to help legal professionals apply the law in a way that reflects values that Canadians consider acceptable.