Homeowner: Criminal Rights and Laws

States recognizing the Castle Doctrine allow homeowners to exercise self-defense in limited circumstances.don't shoot 1 image by Daniel Wiedemann from Fotolia.com

States recognizing the Castle Law Doctrine provide a legal excuse for homeowners who use deadly force to defend their homes. These states may provide civil immunity from subsequent charges of homeowners using unauthorized deadly force. Homeowners avoid civil or criminal sanctions by the state's recognition of the use of deadly force to protect their homes as a justifiable homicide.

Castle Law Doctrine

Castle Laws exist in more than 30 states, but states vary as to the specific legal requirements prior to the homeowner's ability to use deadly force. States recognizing a homeowner's right to use self-defense require an illegal entry and require the homeowner to reasonably believe the intruder would inflict serious bodily harm. Generally, homeowners may use deadly force if an intruder enters illegally. The majority of states within the U.S. allow homeowners to use deadly force in very limited circumstances. These states provide civil immunity to homeowners who use force to protect property if the homeowner complies with the necessary requirements legislated by that state.

The Castle Doctrine (also known as "Make My Day" Laws) is based upon the English common law that a person's personal residence may be defended by use of force, even potentially fatal force. States that recognize the doctrine may have specific requirements as to when homeowners may invoke the use of deadly force to combat an intruder. There are various permutations to the doctrine, and some states have legislatively adopted weaker versions of the doctrine.

Law enforcement personnel who enter homes pursuant to their job duties may not be resisted by homeowners using deadly force. Homeowners must reasonably believe the intruder is going to intend serious bodily injury or possibly kill any residents within the home. The homeowner may also believe the intruder intends to commit another felony, such as, a burglary.

Some states allow homeowners to use deadly force after retreating. The retreat allows the homeowner to avoid using force to provide the intruder with the opportunity to exit the homeowner's residence. Some states require the homeowner to attempt safely retreating prior to using deadly force by specifically requiring a verbal message that the homeowner is retreating. Other states allow the use of physical cues or gestures to show retreat prior to resorting to deadly force. These physical cues may consist of holding a gun and providing a period of time, silently, to allow the intruder the ability to escape prior to shooting.

States adopting this doctrine allow homeowners to use deadly force without first requiring the homeowner to retreat. Under this doctrine, homeowners have a right to use deadly force if the homeowner reasonably believes the intruder intends to commit imminent bodily harm. As such, the duty to retreat is opposite to the stand your ground requirement.

A final right allowing homeowners some right to be safe within their homes is the constitutional Fourth Amendment right to illegal search and seizure. The Fourth Amendment of the Constitution provides personal privacy rights to citizens from government intrusion into their homes. It protects homeowners from police illegally seizing property or unlawfully detaining residents or arresting them within their homes without a search warrant or probable cause.