Understanding Louisiana's Castle Doctrine

Much has been made in TV and the media when it comes to the Castle Doctrine, at least in states where it has been adopted, such as Louisiana. But at its core, the Castle Doctrine is little more than an expansion of existing self-defense laws.

What the Law Says

The Castle Doctrine law says that a property owner can use self-defense in his or her own place of residence against someone who is there or attempting to gain access to the residence without having to retreat. That means that even if the property owner has the ability to leave or retreat, he doesn’t have to—he can choose to remain on the property and use appropriate self-defense.

Residence means a place of dwelling or ownership. It can apply to homes, RVs, hotel rooms, or business properties. 

Using Deadly Force

Force and deadly force can legally be used when someone is trying to enter the property or in an effort to get an intruder to leave.

Someone using deadly force must still have a reasonable fear that their life is in danger.

Imagine that you walk into your home at night and find an armed robber there. You don’t have to wait until the robber holds his gun at you; the Castle Doctrine would arguably allow you to use deadly force to defend yourself because of the fact there is an armed intruder in your home posing a deadly threat. 

The law assumes that if an intruder is in your home illegally, he or she is there for violence and that you have a reasonable fear of death or great bodily harm, such as to justify the use of deadly force.

Exceptions to the Law

There are some situations where the Castle Doctrine cannot be used. If the property you are protecting is itself being used in furtherance of a crime, the doctrine will not protect you—imagine someone’s home is being used to buy and sell illegal drugs, and the homeowner finds an armed robber in the home.

It should go without saying that the Caste Doctrine only applies to those who are on your property illegally. This puts some obligation on the property owner to be careful before just resorting to deadly force. In cases where people share the property (like roommates or temporary guests) or rental properties, where maintenance workers may legally gain access, homeowners should take care to make sure that a stranger is, in fact, a stranger and on the property illegally before using force.

The intruder must be in the act of committing a felony illegally while being on your property without permission. 

This means that if the intruder has left or is leaving, self-defense may not be used. This often is a factually intensive scenario, where the state (or the criminal who you may have injured in self-defense) will try to claim that your use of force was unauthorized, as the intruder was leaving the property.

Contact A Louisiana Criminal Defense Attorney Today

For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our “Contact Us” page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana. 

If you are arrested and charged, contact a top-tier and experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.