Defense of Property

 Defense of Property: The Castle Doctrine

Under the Castle Doctrine, a person may use deadly force inside their own home, place of business, or vehicle. The individual must have a reasonable belief that the use of deadly force is necessary to protect themselves or others. 

Permitted to defend property under certain circumstances.

When Deadly Force is justified:

1. Unlawful Entry: Reasonably believe that the entry onto their property was unlawful. 
2. Imminent Threat: Must reasonably believe the use of force is immediately necessary to prevent the taking of the property.
3. Reasonable Belief: Must reasonably believe the use of deadly force is necessary to protect property.
4. Proportionality: The use of deadly force must be proportional to the threat faced. Force used should not exceed what is necessary to protect the property. If you are using deadly force in defense of that property, it must not be recoverable by less than deadly force. 
5. No Provocation: The person using deadly force must not have provoked the other person into using force.
6. No Criminal Activity: Must not be engaged in a crime.

Deadly force in defense of property is generally only justified if the property is a person’s home or business. Not for personal property such as a car or personal belongings.