The castle doctrine allows you to use deadly force against intruders to defend yourself within your own home. In contrast, the stand your ground doctrine allows you to use proportional force to reasonably defend yourself at any location where you have a legal right to be.
Both doctrines require no duty to retreat. Though whereas the castle doctrine is typically limited to your residence, the stand your ground doctrine applies anywhere. Also, the castle doctrine permits you to use deadly force, whereas the stand your ground doctrine allows proportional force – which may or may not include deadly force depending on the danger you are facing.
Only some states recognize the castle doctrine and stand your ground doctrine. Though every state recognizes the basic concept of self-defense, which permits you to use proportional physical force to defend yourself and others if you reasonably fear immediate bodily injury – though some states impose a duty to retreat before fighting back.
1. What is the castle doctrine?
State castle doctrine laws assert that your home is your castle, and therefore, you may legally use all manner of force including deadly force to protect it and its inhabitants from attack.1
Some state laws say that you have a duty to retreat from an aggressor before you can legally act in self-defense. Though with the castle doctrine, you do not have to adhere to this duty when in your home.2
Example: One evening James is woken up in his bed by the sound of a burglar breaking his window. Since James lives in a castle doctrine state, he would be allowed to shoot and kill the burglar. It does not matter if the burglar had no intent to kill James.
State laws vary
While many states say that the castle doctrine authorizes the use of deadly force in just your home, the criminal laws of other states say that you can even legally use lethal force when protecting yourself at work or in your vehicle.3
Also while some states have specific statutes that set forth the castle doctrine, other state laws are explained in jury instructions and court cases.
2. What are stand your ground laws?
Stand your ground states are states that apply a stand your ground rule, often in addition to the castle doctrine.
This rule states that you can use force and deadly force (if necessary) when acting in self-defense, and there is no requirement that you have to retreat before doing so. Further, the rule is not limited to self-defense in your home, but generally includes all places (for example, your home, place of work, vehicle, in public, etc.).4
Example: James is walking down the sidewalk when a robber holds him up with a gun. Since James lives in a stand your ground state and his life is being threatened, James can take out his own gun and kill the robber. James has no duty to try to run away first.
State laws vary
Some states say that you can only lawfully stand your ground if you are not:
- a trespasser, or
- the initial aggressor in an altercation.
3. Is self-defense a valid legal defense?
Yes. A self-defense claim is a valid affirmative defense to criminal charges such as:
Note that if you kill another person in lawful self-defense, the law labels the killing as a justifiable homicide. This occurs when you kill someone intentionally but for a “justifiable” reason.5
Example: James is at a crowded bar when a belligerent patron threatens to kill him if he does not apologize for spilling beer on him. James responds by stabbing the patron, causing him to die of his injuries.
Here, the killing would probably not be justifiable homicide. The patron’s threats were only verbal, and any reasonable person would assume they were exaggerated. James overreacted by killing the patron.
State laws vary
Some states say that you can only act in self-defense when you:
- have a reasonable belief that there is an imminent threat of suffering great bodily harm/great bodily injury,
- reasonably believe that the immediate use of force is necessary to defend against that danger, and
- use reasonable force to defend against that danger.6
|
CALIFORNIA LAW |
Stand your ground |
Castle doctrine |
| Definition | You can defend yourself or others with proportional force if you reasonably fear imminent bodily harm | You can use lethal force to defend your home from intruders |
| Maximum force allowed | Proportional force (which can include lethal force) | Lethal force |
| Basis in law | Case law and jury instructions | Penal Code 198.5 PC |
| Duty to retreat? | No | No |
In states with no duty to retreat, you can use reasonable self-defense even if you can escape.
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Castle doctrine.”
- See, for example, Florida Statute 776.013.
- See, for example, North Carolina General Statute 14-51.2.
- See, for example, Black’s Law Dictionary, Sixth Edition – “Self-defense.”
- See, for example, California Penal Code 197 PC.
- See, for example, CALCRIM No. 3470 – Right to Self-Defense or Defense of Another, Judicial Council of California Criminal Jury Instructions (2022 edition).
