The castle doctrine is a type of self-defense law in Ohio.
Under the castle doctrine, a person does not have a duty to retreat before using self-defense, defense of property, or defense of another. This applies only while they are lawfully in their residence. Instead, the person can use proportionate force against someone who they reasonably believe is about to commit a violent crime.
The castle doctrine can be confusing, and the requirements vary from state to state. Understanding how the castle doctrine works in Ohio and how to defend yourself, your family, and your home is important.
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The History Of The Castle Doctrine
The castle doctrine has historical roots in English common law. The original concept was that a person has a right to protect their home (or castle) no matter what, even if there is no physical threat to their person.
This developed into the modern-day understanding of the castle doctrine. States added limits on the type of force and situations where one could use force to defend their property. This included limiting the use of deadly force, such as protecting your home with a gun.
This is why Ohio requires that the person reasonably believe the perpetrator is about to commit a violent crime.
When Does The Castle Doctrine Apply?
The castle doctrine applies when someone is in their residence and reasonably believes that an intruder is about to commit a violent crime. The person does not have a duty to retreat further inside their house or run away.
In many situations, it is reasonable to assume that someone breaking into a home intends to commit a violent crime. However, that is not automatically the case. To rely on the castle doctrine, the belief must be reasonable based on all the facts and surrounding circumstances.
What Is A Residence?
A residence is a dwelling where a person permanently or temporarily resides or is visiting as a guest. It is any building with a roof designed to be occupied by people as lodging. It can be temporary or permanent, mobile or immobile.
In addition to a traditional house or apartment, a dwelling could include:
- A tent
- A mobile home
- An attached porch
- A car
Unlike in other states, a residence in Ohio does not include the curtilage of your home. The curtilage is the area immediately surrounding your house, like your front yard or driveway.
If you are facing a threat in these areas, you generally must retreat first before using force. If you retreat inside your home but the intruder follows you, and you reasonably believe that they are going to commit a violent crime, then you can defend yourself under the castle doctrine.
What Type Of Force Is Allowed?
Many people have questions about what type of force you can use to protect yourself, your family, and your home.
Under the castle doctrine, you can only use force that is proportionate to the threat. For example, if you reasonably believe that the intruder is going to shoot you with a gun, then you can shoot the intruder first. This is an example of using potentially deadly force.
If, however, you believe that the intruder is not going to use deadly force, then you cannot use deadly force either. That may mean hitting or kicking the intruder or propelling them in some other non-deadly way.
Imagine a scenario where a 10-year-old child walks onto your front porch looking for their baseball. It would be unreasonable to assume that this child is intending to commit a violent crime. You probably could not use force, certainly not deadly force, to remove the child. You could, however, tell the child to leave.
If, on the other hand, you encounter a 40-year-old man in a ski mask and a gun attempting to break in through your front window, it would be reasonable to assume that he intends to commit a violent crime. You could use physical force to stop him.
What Happens If The Castle Doctrine Doesn’t Apply?
Sometimes people act in a way that is not covered by the castle doctrine. Usually, this happens when someone uses disproportionate force or when their fear is unreasonable. These are the types of cases that tend to be in the news.
In this situation, the person may be charged with a crime. Depending on the circumstances, charges could include very serious crimes like assault or even homicide. If you are charged with a crime, you will need to defend yourself in criminal court. This includes hiring a criminal defense attorney and arguing that the castle doctrine applies in your case.
It can be difficult to prove that you are not guilty under the castle doctrine. It’s best to ensure that you understand what is and is not allowed under the castle doctrine before you act. A Dayton criminal defense lawyer can explain the law so that you don’t wind up in court later. Consult with one today.
To learn more, call our Dayton criminal defense law firm at (937) 531-0435 or visit our contact us page to send us an email.