What are the requirements to invoke the Castle Doctrine?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are the requirements to invoke the Castle Doctrine?

I recently drew a gun on someone in my home after feeling threatened by them. They were told twice to leave but did not comply with my request. I then drew my gun. They have since filed charges on me for simple assault and exbiting a weapon. What I would like to know is, am I protected under this law in a court to have the charges thrown out?

Asked on December 27, 2014 under Criminal Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you write, you are probably *not* protected. Your state's "Castle" doctrine applies to the use of a gun to defend against an attempt to commit a *felony* in your home. However, someone not leaving when you ask them to do so is not a felony--it's a misdemeanor (an offense punishable by less than a year in jail). You are not entitled to draw on someone or otherwise threaten them with a gun to make them leave--only to stop an a felony assault, a robbery, etc. Rather, what you should have done is to call the police and let the do their job, which would have been to remove the trespasser.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption