(Newswire.net — March 4, 2019) — Your home is your castle or so we have been told. For this reason, many people abide by the Castle Doctrine when defending the property and their family. What exactly is this and what does it mean for the individual? What means of self-defense may be used when a person enters the home unlawfully? Can the occupants of the dwelling be held liable in the event force is used? These are questions many individuals residing in the state wish to have answers to.
Defending the Home
In the event a trespasser attempts to enter a dwelling, force may be used to keep them out according to Illinois Statute 720 ILCS 5/7-2. This statute states,” “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon a dwelling”.
However, this does not mean a person can use deadly force to prevent this unlawful entry or attack. The law goes on to state that deadly force or inflicting great bodily harm is only acceptable in certain situations. If the trespasser is being violent and the individual believes he or she is in danger of great bodily harm or death or someone else in the dwelling is, this type of force may be used. Deadly force or the use of force that may inflict great bodily harm is also acceptable when the individual within the dwelling believes a felony will take place in the home in the event the trespasser does make it inside.
Liability
Individuals often wonder if they can be held liable in court for their use of force in this situation. In the event the person is acting under the law as outlined above, he or she cannot be held accountable for the use of force. This is true regardless of whether it is the trespasser or his or her family making the claim. The only time a person could be held liable in this situation is if wanton or willful misconduct was included with the use of force. An attorney from Martin & Kent can be of great help in determining what is considered wanton or willful misconduct in this type of situation.
Stand Your Ground?
Is the Castle Doctrine the same as the Stand Your Ground law that gained so much attention in Florida following the Travon Martin shooting? The answer to this is no. A Stand Your Ground law allows individuals to meet force with force at any time. The person who feels threatened has no duty to retreat in this situation. However, this is not the case in Illinois. The Castle Doctrine clearly outlines when a person is allowed to use force, such as when real or personal property is threatened in some way. Every person must recognize the difference between the two and know when force may and may not be used.
Protect yourself when you feel threatened. It is your right to do so at all times. However, be aware of the law regarding the Castle Doctrine and the use of deadly force. This ensures you do not run afoul of the law when you believe you are in the right. An attorney can be of great help in answering any questions a person may have regarding these laws, so don’t hesitate to contact one to make certain you understand your rights and responsibilities in this area.