Castle Doctrine can provide legal immunity from criminal prosecution and civil liability for individuals who defend their home, shielding them from criminal charges and lawsuits from the intruder or their family. That said, Castle Doctrine doesn’t provide blanket authorization for using deadly force in every conceivable scenario involving a perceived risk. If the threat is outside your home and doesn’t pose a reasonable threat, your actions won’t be protected by the law.
Defendants also can’t use the Castle Doctrine to justify excessive force – their method of self-defense and the level of force utilized must be considered appropriate in the given situation. While the threat doesn’t have to be holding a deadly weapon to pose a threat, residents should be careful to defend themselves with force proportionate to the perceived threat or else risk a homicide charge.
You won’t be eligible for the protections afforded by Castle Doctrine law if the force you used was not considered reasonable, such as using excessive or lethal means to defend yourself when it wasn’t necessary. However, latitude may be given based on the context of the situation and the inability of a homeowner to know exactly what level of risk they face from an intruder.
Moreover, if you employed a weapon that’s outlawed in Arizona, not only will you not be covered by Castle Doctrine law, you may face legal penalties and jail times for
gun misconduct.
Under Castle Doctrine, killing an intruder can be classified as a
justifiable homicide (which is not prosecutable) as long someone else in your situation would also genuinely and reasonably believe they were at risk of death, suffering devastating injuries or if a more serious felony would occur if no action was taken.
