What is defense of property?
Defense of property is a defense to a civil or criminal charge of assault, battery, or homicide. It is similar to self-defense, however the use of force must be much more limited. When Is Defense of Property Justified?Defense of property is justified when the person claiming the defense: - Acted in defense of his property against an unlawful invasion or withholding;
- Used only reasonably necessary force;
- Did not endanger the other person's life or put him in danger of great bodily harm.
When Is Defense of Property Not Justified?
Defense of property is not justified any time the person uses unreasonable force. This means deadly force cannot be used in most circumstances. A person has no right to kill another to protect his property, unless the killing is necessary in order to prevent the commission of a felony. The fact that property is being wrongfully taken or detained will not justify a homicide.
Most states have more lenient rules when acting in defense of one's home against a forcible entry. A person may use whatever force is reasonably necessary, including deadly force, to prevent the forcible entry into his home if he is reasonably afraid that he is in danger from the intruder. Do I Need a Lawyer?
If you have acted in defense of your property, an experienced criminal defense lawyer will be able to advise you of the applicable laws in your area and of your rights. A lawyer will also be able to represent you in court and develop your defense claim. |
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