Click on the state to see its law.
- Alabama.
- Arizona.
- Georgia.
- Idaho.
- Illinois (The law does not include a duty to retreat, which courts have interpreted as a right to expansive self-defense.)
- Indiana.
- Kansas.
- Kentucky.
Other states with strong Castle Doctrine and stand-your-ground laws include: Alabama, Arizona, Georgia, Indiana, Kentucky, Louisiana, Montana, Nevada, Oklahoma, South Carolina, Tennessee, Utah, and Washington.
The research increasingly suggests that “stand your ground” laws — which expand the reach of self-defense laws to remove a “duty to retreat” in public spaces — cause more homicides and do not reduce violent crime.
Under California self-defense laws, you have the right to “stand your ground” and protect yourself without retreating under certain circumstances. There is no state law statute that authorizes this right that there is no duty to retreat.
Self-defense is defined as the right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence.
California is not a stand your ground state, but does recognize the "castle doctrine," which applies to one's home, place of business, or other real property. Similarly, an individual using deadly force to protect his or her property has no duty to retreat.
If you stand your ground or hold your ground, you do not run away from a situation, but face it bravely. She had to force herself to stand her ground when she heard someone approaching.
Summary: Evidence that stand-your-ground laws may increase total homicide rates is moderate, and evidence that such laws may increase firearm homicide rates is supportive. Evidence for the effect of stand-your ground laws on other types of violent crime is inconclusive.
Death by Self-DefenseSelf-defense killings are not charged as crimes. If you are forced to kill another person in self-defense, you can avoid criminal charges as long as your actions were justified. The identity and history of the aggressor can also play an important role in a self-defense killing case.
In a growing number of states it is legal to shoot someone if they are in your house uninvited. Sometimes called the “castle doctrine,” this legal standard makes it possible for one to defend not just their person and their family, but also their property, all using deadly force so long as it occurs in one's home.
To summarize, castle doctrine laws do not require a duty to retreat from the home, and stand your ground laws do not require a duty to retreat from public places. If your state has adopted the castle doctrine and you catch a home intruder, you can run away or stand and fight. The choice is yours.
Twenty-three states have a castle doctrine. Castle doctrines can vary slightly from state-to-state, with some states narrowing your right to use deadly force against an intruder.
The King was the one who was there to protect the people. The one exception to that was the “castle doctrine,” which originates in the early 1600s. This was the doctrine that you did not have to retreat from an attack if you were in your home, because as the old adage says, a man's house is his castle.
An exception to a rule in place in some jurisdictions that requires a defendant to retreat before using deadly force in self-defense. The castle exception states that if a defendant is in his home, he is not required to retreat prior to using deadly force in self defense.
The law expanded on Louisiana's longstanding "castle doctrine." It allows people to defend their homes and cars and to be in public places that they have a right to be in, and removed a previous legal duty to retreat from an aggressor in those areas.
You may not shoot a trespasser who is illegally on your property if he or she is leaving. The duty not to use deadly force. It is against the law in West Virginia to use deadly force against a trespasser who is not posing a reasonable threat of bodily injury or property damage.
Although California does not specifically have a “stand-your-ground” law, the Castle Doctrine is similar. Under Penal Code Section 198.5, you are allowed to use deadly force within your own home if you have a “reasonable fear of imminent peril or great bodily injury.”
You can shoot that looter/rioter trying to break in because it's highly likely that by entering into an occupied home, his intent is to attack you and commit other felonies.
The State of Oregon abides by the so-called “Castle Doctrine.” Oregon law states a person is justified in using “deadly physical force upon another person” if the person is “committing or attempting to commit a burglary in a dwelling,” regardless of threat of harm.
An individual does not have to die for the force to be deemed deadly. Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.
Aside from self-defense, a defendant can legally use force to defend another person, real or personal property, and habitation. In addition, law enforcement can use force to arrest or capture individuals who reasonably appear to be committing crimes.
In duty-to-retreat states, the defendant is not legally allowed to use deadly force to defend himself if the jury concludes that he could have safely avoided the risk of death or serious bodily injury (or the other relevant crimes) by retreating.
