Castle doctrine allows New Yorkers to defend themselves, even with deadly force, when faced with a dangerous situation. However, its applications are actually quite limited. If you plan to employ this kind of defense, you are going to want to have an experienced attorney on your side. A Queens assault lawyer from our firm can help you tell your side of the story.
The castle doctrine applies in just one place, your home. If there are intruders in your home, you have a right to protect yourself and your loved ones. This means that you can even use deadly force and discharge a firearm if intruders do not listen to warnings and vacate the premises.
This doctrine is in place in all states in some form. It can be used in wrongful death lawsuits, but it is mostly referred to in criminal cases. Even if you are acting to defend your home, you may still be charged with a crime if someone is seriously injured or killed. This is why you need to know more about this doctrine, your rights, and what a lawyer can do for you.
One thing that is important to note is that there is no “duty to retreat” under the castle doctrine. In most dangerous situations, you are expected to try and remove yourself from the area if possible. This is a duty to retreat. Only after you have shown that you tried to escape the conflict can you say that you were acting in self-defense.
There is no duty to retreat in your own home. It’s your home and you are allowed to protect it. So you can still say that you were defending yourself even if you did not make an attempt to leave or escape the situation.
The castle doctrine would cease to apply once you left your home. If you feel threatened when you are out in public, you still have the duty to retreat. If you force intruders out of your home, you cannot follow them and continue to try and do them harm. You can defend your home and that is it.
Even if you were within your rights to defend yourself, your family, and your home you still may be held by police. You could even be charged with a crime. You may think that you are in the right and that you can talk your way out of this, but we do not recommend it. Hire an attorney and let them do the talking so that you do not run the risk of incriminating yourself.
If you are facing any kind of criminal charges, contact Vasiliou Law. We can take a closer look at your case and tell you more about how an experienced defense attorney can be of assistance. Please contact us as soon as possible to set up your consultation.