Empower yourself with the knowledge of California's 'stand your ground' laws, as described under Penal Code 198.5 PC. The 'Castle Doctrine' further reinforces your rights, stating that you are not obligated to retreat when facing an intruder in your residence.
Legally, if someone forces their way into your home or attempts to do so, you can use force against them. California Penal Code 198.5 says:
- “Any person using force intended to cause great bodily injury or death inside their residence is presumed to have had a reasonable fear of injury to self or family when force is used against a person unlawfully entering their home.”
In other words, there is a legal presumption a resident had a reasonable fear of great bodily harm or death when:
- an intruder forcibly enters or unlawfully attempts to come inside their home, and;
- The intruder was not a member of their family;
- force used against the intruder inside their home was likely to cause great bodily injury or death.
The 'legal presumption' under the 'Castle Doctrine' is a crucial aspect. It means that a resident is given the benefit of the doubt when using force against an intruder in their home.
In a situation where the intruder is killed inside the home after making unlawful entry, it will typically be considered justifiable homicide.
It should be noted that California's Castle Doctrine doesn't apply if an intruder is not inside the residence, but the stand-your-ground law can be used as a defense for someone who forced their way inside a home.
Our Los Angeles criminal defense lawyers are providing more detailed information below.
Common Law Principle of Self-Defense
The exact wording of the common law principle of self-defense will vary, but it generally states that a person is NOT guilty of a crime under the following circumstances:
- when a person acts with force against another person;
- responding to an imminent threat of harm to themselves or another.
The major issue that a jury must decide is what exact level of threat justified their response of force. For instance, in the state of California:
- the force that was used in self-defense or defending another;
- must be reasonably proportionate to the threat level.
In other words, the force used must be a reasonable response to the threat you were facing.
What is the “Stand Your Ground” Doctrine?
Feel confident in your understanding of the 'Stand Your Ground' Doctrine. This doctrine affirms your right to defend yourself without the legal duty to retreat.
Recently, state laws in California don't require a duty to retreat or make an attempt to retreat before using force in self-defense. Under California law:
- anyone under imminent threat of bodily injury;
- has no duty to retreat, but;
- can rather “stand their ground,” and;
- use a reasonable amount of self-defense.
Further, this principle allows the pursuit of the attacker to a point it takes to end the threat of great bodily injury or death.
What is the “Castle Doctrine” in California?
Find reassurance in the 'Castle Doctrine,' another law that addresses self-defense force within your home. This doctrine, rooted in the belief that a man's home is his castle, provides a legal framework for your protection.
Under California Penal Code 198.5 PC, it states the following:
- “Anyone using force likely to cause death or great bodily injury within their residence is presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family.”
In other words, the California castle doctrine states that reasonable use of self-defense force in the home is allowed but unlawful outside of the home.
It's important to note that proportional and reasonable force can be used in response to a threat of harm at any location.
Under the castle doctrine, a legal presumption is created in the following circumstances:
- intruder enters someone's home without consent, or;
- they attempt to enter forcibly, and you;
- know or have a reasonable belief intruder did so, and;
- used force against intruder likely to cause great bodily injury or death, then;
- you were reasonable in the belief you were facing an imminent threat of great bodily injury or death from an intruder.
What is an Inherent Risk of Great Bodily Injury or Death?

California's Castle Doctrine clearly states that a burglary or home invasion to make illegal entry into someone's home creates an inherent risk of great bodily injury or death to the people inside.
Thus, the first portion of a self-defense argument is met by law, and the level of threat to the people inside the home is presumed to be at the highest level, either great bodily injury or death.
So, in response, occupants can legally respond to the threat with self-defense, all the way up to deadly force.
In other words, under the castle doctrine, a California resident would typically be justified in firing a weapon at someone unlawfully entering their residence.
There are situations, however, where a resident could face scrutiny for not demonstrating a level of threat high enough to justify a deadly reply.
They could also face scrutiny whether they had a reasonable belief they were in actual danger at all simply because of unlawful entry by someone.
It should be noted the castle doctrine creates a legal presumption, not an absolute hard rule.
It might be possible for a prosecutor to overcome this presumption with solid evidence the resident who used deadly force was not actually in fear of imminent harm. All self-defense incidents are scrutinized on a case-by-case basis and decided by a jury.
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