The Indiana Castle Doctrine Law
If you have been charged with a crime after defending yourself in your own home, you may be able to raise the castle doctrine as part of your defense. The board-certified Indianapolis criminal defense attorneys at The Criminal Defense Team of Baldwin Perry & Wiley PC have the knowledge and experience to effectively argue this defense when it applies.
What Is the Castle Doctrine?
The castle doctrine is a legal defense that dates back to England. It stands for the notion that people have a right to defend themselves in their own castle – or home. Indiana’s castle doctrine is ingrained in the state’s stand your ground law, which allows Indiana residents to defend themselves and does not require them to retreat when attacked by someone else.
Under the castle doctrine, you can use reasonable force against anyone if you believe the force is necessary to prevent or end the person’s unlawful entry or attack of your home, land, or occupied motor vehicle.
Key Points of the Castle Doctrine in Indiana
While Indiana law recognizes a person’s right to protect themselves and their home, it is not absolute. Some of the key aspects of this law include:
Certain Properties
The castle doctrine only applies to certain types of property, which include homes, properties, and occupied vehicles.
Reasonable Belief
To assert the castle doctrine defense, you must be able to show that you had a reasonable belief that the alleged victim posed an immediate and unlawful threat to you. The reasonableness of your belief is judged by what a reasonable person would consider an immediate and unlawful threat, considering the specifics at the time of the encounter.
Reasonable Force
Once you perceive a threat, you can use reasonable force. The degree of force you can legally exert depends on the level of threat. Reasonable force can sometimes involve deadly force if the perceived threat was death, a serious bodily injury, or the commission of a forcible felony. Again, the reasonableness of your actions is based on the “reasonable person” standard. Would someone else in the same situation act similarly?
No Duty to Retreat
Some states require that someone who is attacked must try to retreat from the danger, but Indiana does not. Therefore, even if a safe retreat is possible, you are not required to retreat. This aspect of the law underlines the state’s public policy that people have the right to defend their ground in places they legally occupy.
Contact Our The Criminal Defense Team For A Free Consultation
Indiana residents enjoy the freedom of being able to protect themselves and their homes in case of an attack. Nonetheless, prosecutors may still file charges when they believe a crime has occurred. If you are facing charges related to defending your home, you need a board-certified criminal trial specialist who understands the historical roots of the powerful castle doctrine and how to effectively argue it applies in your case. As former prosecutors, we know what to look for to raise a self-defense argument and how to present it to the court. Call us today for a free and confidential consultation.