You can use deadly force if you are not the initial aggressor in an altercation within your home. In New York you cannot use deadly force if you know with certainty that you can avoid an intruder by retreating. States like California allow citizens to protect their homes with deadly force if they feel that they or another person are in physical danger, but does not extend to theft, and it only protects residents in their home, and not in cars or at work.
Not all states give citizens as much leeway in protecting their personal property. Other states with strong Castle Doctrine and stand-your-ground laws include: Alabama, Arizona, Georgia, Indiana, Kentucky, Louisiana, Montana, Nevada, Oklahoma, South Carolina, Tennessee, Utah, and Washington. The state of Florida has such a strong Castle Doctrine that the dwelling being protected does not need to have a roof can be mobile or immobile and can be as temporary as a tent. An attempt to retreat is not required before a citizen is justified in using force against the invasive party in Texas. States like Texas allow citizens protecting their homes, car, or place of business or employment to use force – including lethal force – when an intruder has unlawfully entered or is attempting to enter using force is attempting to remove someone from the home, car, or workplace by force or is attempting to commit a crime such as rape, murder, or robbery. The stronger laws do not require homeowners to attempt to retreat before using force to protect their domicile, and there are a select few states that have very strong stand-your-ground laws allowing citizens to use force in their car or at work without first trying to retreat. Today most states have some kind of castle law. The laws differ from state to state, and what may be considered self defense in one state, might be grounds for a murder or manslaughter indictment in another. The Castle Doctrine (also known as castle law or make my day law) gives citizens in their homes – and in some states – cars or workplaces the right to protect themselves, other people, and their property by force – in some instances even deadly force. It’s been said that a man’s home is his castle, but what rights does this afford a homeowner in defense of this castle?
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