fullerton criminal defense lawyer

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.

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.

• 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.
   

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.

• 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.
   

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.