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Feb 23, 2017

Criminal Defense Attorney in New York Discusses Castle Doctrine

Imagine waking up in the middle of the night to the sound of a break in. You grab your gun. The house is dark. You hear a shuffle in your living room. You are scared—for your life and for the lives of your children. The adrenaline is rushing through your body. You hear footsteps and you shoot.

Woman in bed sleeps with hand on gun weapon home security. Focus on gun

Under the Castle Doctrine, individuals have a right to defend their homes, their cars, and their personal property. In some cases, individuals may even have a right to use deadly force. While most states have castle laws, every state’s castle laws differ. Some states have strong castle laws, which allow individuals to use deadly force if an intruder enters the home. In New York, for instance, individuals are not permitted to use deadly force if they have a safe way to retreat. According to the South University, individuals are permitted to use deadly force if another person is the aggressor and the act of aggression takes place in a person’s home.

Breaking and entering into another person’s home is a serious crime. When an individual commits this crime, homeowners are afforded certain rights to defend their property and their safety. If you’re facing manslaughter charges, murder charges, or criminal charges for defending your home and family, a criminal defense lawyer in New York City may be able to assist you. The Spodek Law Group, P.C. is a qualified criminal defense attorney committed to protecting your rights.

Yet, the Castle Doctrine, in many states, does not automatically protect individuals who use violent force when their property is being trespassed upon. According to the New York Times, the laws that permit homeowners to use force inside their homes can lead to ambiguity in certain cases. For instance, in New York, it isn’t always clear whether retreating will lead to safety, particularly in cases of armed burglary. In some states, individuals can shoot whether or not they feel that their life is in danger.

Critics of the Castle Doctrine claim that it gives individuals the right to kill. In some cases, the burden of proof when it comes to threats are low. Yet, proponents of the law claim that the laws offer important protections to homeowners, giving them more safety in their homes.

Self-defense claims sometimes strengthen a case, requiring prosecutors to first discredit the claims before moving forward.

If you are facing serious criminal charges, the context of any incident matters. Self defense, the Castle Doctrine, and other important laws offer individuals some measure of protection if they use force while trying to defend their homes, their families, and their lives.

The Spodek Law Group, P.C. is a defense lawyer committed to helping individuals protect their rights. If you had to shoot to protect your family, your home, your loved ones, or yourself, you may be entitled to certain important legal rights and protections. Contact the New York City criminal defense lawyers at the Spodek Law Group, P.C. today.

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Brooklyn

140 Broadway, 46th Floor
New York, NY 10005

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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