Defense of Dwelling
Defense of Dwelling: when may a person use deadly force to defend a dwelling, beyond the limits of self-defense?
General Doctrine
- For non-dwelling property, deadly force is never justified to protect property alone—even if there is a reasonable belief of trespass or theft.
- For dwellings, statutes and cases allow deadly force against intruders, subject to limitations:
- Most demanding: ∆ must reasonably believe the intruder posed "a substantial danger of serious bodily harm" or "threatened deadly force."
- Modern "stand your ground" / "make my day" statutes have softened this.
Castle Doctrine
- The English CL exempted dwellings from the duty to retreat.
- Some states extend the doctrine to cohabitants; some do not.
"Make My Day" Statutes
- Statutory grant of deadly force against any unlawful entrant whom an occupant reasonably believes might use any physical force.
- Often eliminates a "reasonable under the circumstances" check on the amount of force used—the only reasonableness inquiry is whether the occupant reasonably believed the intruder would use force.
- See State v. Anderson, 972 P.2d 32 (Okla. Crim. App. 1998) (Oklahoma's § 1289.25 — defines "occupant" broadly to include guests).
Defense of Dwelling — Quick Summary
"This defense traditionally required a reasonable belief that an intruder threatened harm to the occupants of a dwelling, but new statutory rights to use deadly force have modified or eliminated this requirement."