|by Roger Chartier:
Castle Doctrine or
Defense of Habitation Law
The castle laws that cover defense of habitation, stand your ground, duty to retreat are important to understand most especially before you decide to take any action in self defense.
You can't assume anything about the law.
Each state has different laws concerning defense of your home, workplace or while in your car.
5 Requirements before you kill an intruder, (Where Allowed).
- A person must believe that the intruder is intending to cause serious harm to occupant(s).
- A person might have to announce his presence and intention to retaliate
- A person must believe that the intruder intends to commit a felony
- A person may be protecting themselves, or any other person in the residence or sometimes this extends to a workplace or car
- A person must not have provoked the intruder or threatened to harm them beforehand
7 Snippets of info
to information about Castle Laws
- By mid July of 2011, there were 27 states that had the castle law or a variation thereof in their state.
- The law sometimes serves to protect individuals from civil lawsuits by an attacker or attacker’s family when force is used.
- A variation is the "No Duty To Retreat" laws, the "No Duty to Retreat In Your Home", and then there is the "Duty to Retreat".
- If you do not adhere to that rule and defend yourself with excessive force, you can be charged with self defense crimes.
- Here is a definition called the Defense of Habitation law.
- You can read the Texas Castle Law here
- Some states allow defense with equal force against equal force even deadly force against deadly force.
Many states have the " Stand Your Ground" clause
Meaning that a person in their home, who can see that they are or are about to be under attack, has no obligation to try to escape his or her attacker before resorting to deadly force.
Some states have the "Duty to Retreat" clause.
This tells us that force should be a last resort, and the person in their home must, within reason, try to escape from the attacker before retaliating.
There was a case in New York a few years ago where a man killed another while standing in the doorway of his apartment; read about the duty to retreat "
It may be a good idea to know how to use legal self defense so that you don't have to kill someone.
Joe Horn 911 Transcript
Read the transcript of a 911 call where Joe Horn killed two burglars at 2 in the afternoon outdoors.
Florida's Gun Laws
Florida's gun laws
are somewhat similar to the Texas castle law. Read the definitions.