Criminal Defense the Castle Doctrine

On Behalf of | Sep 11, 2017 | Criminal Defense

The Castle Doctrine is a phrase which stands for the legal proposition that a person’s home is his castle and he may use force in order to defend it. In terms of Criminal Defense, criminal defendant’s may use the Castle Doctrine as a defense if certain factors are present.  learn about date rape chargesSpecifically, the Castle Doctrine creates a statutory presumption (it is presumed) that the use of force or deadly force by a criminal defendant in a criminal defense case was both reasonable and immediately necessary if the following factors exist: First, that the person against who the force was used is trying to unlawfully and forcefully enter a dwelling and second, the defendant knows or has reason to believe that the unlawful forceful entry is occurring or occurred. The significance of this law in Pennsylvania is that when these factors are present a criminal jury must presume that the lethal force used by a criminal defendant was both necessary and reasonable.

The main issue with the Castle Doctrine in terms of Criminal Defense is when can a defendant argue that the force or crime that he committed was appropriate under the law. Examples are as follows: In terms of the use of deadly force, an accused may make this argument when he has reason to believe that individuals are forcefully trying to enter his dwelling. learn about preliminary hearings Under the law, a dwelling can be an individual’s home or anywhere that he lays his head at night to sleep (even a garage). The main point when dealing with the Castle Doctrine is that an accused should make sure to hire an experienced Castle Doctrine Attorney to analyze his case. Being accused of criminal conduct can be a scary thing. Make sure that you hire an experienced Chester County Criminal Attorney to review the facts of your case.

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