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    • Home
    • Practice Areas
      • Driving Under Influence
      • Domestic Violence
      • Self Defense
      • Hate Crimes
      • Kidnapping
      • Misdemeanor
      • Public Corruption
      • Sex Crimes
      • Federal Crimes
      • Vehicular Assault
      • Felonies
      • Theft Crimes
      • Weapons Crimes
      • Drug Crimes
      • Cyber Crime
      • Fraud
      • Robbery
      • Assault
      • Arson
      • White Collar Defense
      • Unauthorized Entry
      • Drug Manufacturing
    • Se Habla Espanol
    • OC Criminal Defense Guide
    • Geronimo's Education
    • Blog
    • Defense Strategy Overview
    • Resources
    • About
    • News & Articles
      • Strategic Defense
      • Navigating Charges
      • Your Legal Advocate
      • California Justice System
      • Psychedelic Landscape
      • Understanding Your Rights
      • DUI Defense
      • Property Crime Charges
      • Identity Theft
      • Key Terms and Stages
      • Understanding Sex Crime
      • Domestic Violence Charges
Poseidon Defense A.P.C.

714-978-9988. Fullerton Criminal Defense. Call now


  • Home
  • Practice Areas
    • Driving Under Influence
    • Domestic Violence
    • Self Defense
    • Hate Crimes
    • Kidnapping
    • Misdemeanor
    • Public Corruption
    • Sex Crimes
    • Federal Crimes
    • Vehicular Assault
    • Felonies
    • Theft Crimes
    • Weapons Crimes
    • Drug Crimes
    • Cyber Crime
    • Fraud
    • Robbery
    • Assault
    • Arson
    • White Collar Defense
    • Unauthorized Entry
    • Drug Manufacturing
  • Se Habla Espanol
  • OC Criminal Defense Guide
  • Geronimo's Education
  • Blog
  • Defense Strategy Overview
  • Resources
  • About
  • News & Articles
    • Strategic Defense
    • Navigating Charges
    • Your Legal Advocate
    • California Justice System
    • Psychedelic Landscape
    • Understanding Your Rights
    • DUI Defense
    • Property Crime Charges
    • Identity Theft
    • Key Terms and Stages
    • Understanding Sex Crime
    • Domestic Violence Charges

fullerton criminal defense lawyer

California’s Castle Doctrine: What Are Your Rights?

If you’ve ever wondered whether you can legally defend yourself or your home in California, you’ve likely heard of the Castle Doctrine. Under this legal principle, you have the right to protect yourself from an intruder inside your home — with force if necessary — without a duty to retreat.


But how does this work in California? And what if you are later arrested and charged with a crime for defending yourself? Here's what residents of Orange County and Los Angeles County — from Seal Beach to San Juan Capistrano, and from Hollywood Hills to Beverly Hills — should know about their legal rights.



What Is California’s Castle Doctrine?


California’s version of the Castle Doctrine is embodied in Penal Code (PC) 198.5, which protects homeowners who use force — even deadly force — when faced with a violent intruder inside their home.


If someone forcibly and unlawfully enters your residence, California law presumes that you had a reasonable fear of imminent harm or death. Under this presumption, using deadly force may be legally justified.


Key Limitations


  • The intruder must have forcibly entered your home — an unlocked door may not always trigger this protection.
     
  • The force used must be reasonable under the circumstances. Excessive force may still lead to charges such as manslaughter (PC 192) or assault with a deadly weapon (PC 245).
     
  • Castle Doctrine generally applies to homes, not to public spaces, vehicles, or workplaces.
     

How Do These Cases Go Wrong?


Unfortunately, law-abiding homeowners can still find themselves facing criminal charges after defending their homes. Police may not immediately know all the facts — or may presume you used excessive force.

Charges may include:

  • Manslaughter (PC 192)
     
  • Assault with a deadly weapon (PC 245)
     
  • Negligent discharge of a firearm (PC 246.3)
     

If you are charged, an experienced criminal defense attorney can argue that Castle Doctrine protections apply — and fight for dismissal or reduction of charges.



What Should You Do If You Are Arrested?


  • Do not speak to police about the incident without your attorney present.
     
  • Contact a qualified California criminal defense lawyer immediately.
     
  • Do not assume Castle Doctrine protections are automatic — these are complex cases that require expert legal strategy.
     


Get Help from an Experienced Defense Lawyer


At Poseidon Defense APC, we defend homeowners throughout Orange County and Los Angeles County — including Beverly Hills, Bel Air, Brentwood, San Marino, Yorba Linda, Huntington Beach, Laguna Beach, Dana Point, and other coastal and inland communities.


If you have been charged after defending yourself at home, contact us today for a confidential consultation. We will help you understand your rights and fight for your freedom.


Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult with an experienced California criminal defense attorney for guidance on your specific situation.

Copyright © 2025 Poseidon Defense A.P.C. - All Rights Reserved.

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