Those facing murder charges may mount one of several common defense strategies. Some seek to exclude or reevaluate evidence. Others provide an alibi or show that there is another likely suspect who committed the crime.
Raising an affirmative defense to assert that a person acted in self-defense is also a common defense strategy. Those asserting that they acted in self-defense may be able to leverage the legal concept known as the castle doctrine as part of a self-defense strategy when facing murder charges.
What is the castle doctrine?
The castle doctrine is not a state law or a rule established by a specific judicial ruling. It is a common-law doctrine that acknowledges an individual’s right to defend their home. The name comes from the old aphorism that “a man’s home is his castle.”
Every person has the right to defend their residence, property and family. When someone enters a home with criminal intent, the people occupying the residence can use force, including lethal force, to defend themselves. Under state statutes, there is typically no obligation to retreat before using deadly force for self-defense when lawfully present at the location of the altercation.
Self-defense claims are subject to the standards established in prior court cases, making the support of an experienced criminal defense attorney critical. Those accused of using deadly force in their own homes may be able to avoid a conviction by showing that they acted to protect themselves.
Defending against murder charges requires the guidance of a defense attorney familiar with high-stakes prosecution. Those facing murder charges likely need guidance as soon as possible after their arrest given the stakes and complexity of their situation.
