Does a detached garage count as a dwelling that is protected under the Castle Doctrine?

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Does a detached garage count as a dwelling that is protected under the Castle Doctrine?

I know my car is considered a dwelling only if i’m in it. Does the same hold true for a garage or only if i’m standing in it. For example, if someone breaks and enters my detached garage and I come outside and see them, can I shoot them and be protected under the Castle Doctrine or is the detached garage

considered

Asked on May 16, 2019 under Criminal Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A detached garage is not your home as that word is commonly understood: it is not where you or other persons reside or dwell, and is not attached to or contiguous with (and therefore effectively part of) your home. The Castle Doctrine most likely would not be considered to apply, just as it would not apply if someone were trespassing in your hard but not entering your dwelling, or had opened up some small separate tool shed you had.


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