Make my day! There must be some actual evidence that the victim was at least attempting an unlawful entry.
The structure must be the place where the person regularly resides, like a house, apartment, or mobile home. Home or habitation in Castle Doctrine statutes tend to be Castle doctrine very strictly. To the extent possible, any person should know and understand the duty to retreat laws in their state before using deadly force.
They argue that in many cases the only eyewitness to the incident who could have testified against the defendant's claim of self-defense is dead. Penal Code Sec. As in all cases involving self-defense, defendants must prove their actions were justified under the law.
In this article we will see the different conceptions of the Castle Doctrine across the USA divided in 3 major categories. 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.
Even though the Castle Doctrine statutes differ by state, many states utilize the same basic requirements for a Castle Doctrine defense.
He has written for ThoughtCo since The burden of proof is on the defendant.