Does California follow the "Castle" doctrine? Here's the law (2024)

Posted on January 22, 2024

Yes. Under Penal Code 198.5 PC, California law follows the Castle Doctrine. This is the legal principle that you have no duty to retreat if you confront an intruder at your own home. You are permitted to use force against intruders who break into your home or try to force their way in.

The text of the law reads that:

198.5. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury.

In California, there is a legal presumption that the resident reasonably feared imminent death or great bodily harm to themselves, or a member of the household, if:

• an intruder or burglar unlawfully and forcibly enters or tries to enter the home;
• the resident knew or reasonably believed that an intruder unlawfully and forcibly entered or was entering the home;
• the intruder was not a member of the household or family;
• the resident used force intended or likely to cause death or great bodily injury to the intruder inside the home.¹

A legal presumption means the prosecutor in criminal cases must prove that the resident did not have a reasonable fear of imminent peril of death when asserting a use of force against the intruder. It basically gives the benefit of the doubt in such cases to the resident. Even if the resident kills the intruder, it may be deemed a justifiable homicide.

The public policy behind this law is that the very act of forcible entry entails a threat to the life and limb of the residents.²

Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.³

Please note that if any of the requirements are not met a person will be unable to invoke this doctrine.

Does California’s “Castle Doctrine” always apply if someone is in their home?

No, if an intruder is not in the residence or trying to enter the residence the “Castle Doctrine” does not apply.⁴

Here’s an example where a California homeowner tried unsuccessfully to invoke the Castle Doctrine:

During an argument, a handyman stepped onto a large front porch with a raised hammer. The homeowner shot him in the leg from inside the house. The judge ruled it was not a “Castle Doctrine” case because stepping onto the porch – while real property – was not an entry into the residence, and a reasonable person would expect people to come onto the unenclosed front porch.

Please note that other California self-defense laws may apply when a person confronts an aggressor. Normally a person may only use the amount of force reasonably necessary to quell the danger.⁵

Does a person have to retreat in California if they are outside their residence but still on their property?

No. Although the Castle doctrine under Calfornia Penal Code 198.5 PC applies only inside a person’s home, there are additional self-defense principles that apply in and out of the residence.

A person is not required to retreat in California. He or she is entitled to stand his (her) ground and defend with force if reasonably necessary, or even to pursue an assailant until the danger of death or bodily injury has passed.⁶

Under California jury instructions CALCRIM 505 and CALCRIM 506, an accused is not guilty of using deadly force if he or she was defending themselves or another person against violent crimes. This applies both inside and outside the residence. The actions would be justified, and therefore not unlawful, if:

• The accused reasonably believed that the danger was imminent;
• The accused had a reasonable belief that the use of deadly force was necessary to defend against the danger;
• The accused used reasonable force – no more force than necessary – to defend against the danger.

The imminent danger must be immediate and present. An imminent danger is one that must be instantly dealt with.⁷

Great bodily injury means significant or substantial physical injury.⁸

What is the difference between the Castle Doctrine and Stand Your Ground?

The “Castle Doctrine“ only applies in a person’s residence or place of abode.

In California, stand your ground law (no duty to retreat) is a defense principle that can be asserted by someone who used reasonably necessary force inside or outside a residence.⁹

Are there legal defenses if a California resident uses deadly force against a violent intruder?

Yes. Depending on the circ*mstances, a California homeowner could claim:

• The Castle Doctrine applies under California Penal Code 198.5;
• Self-defense (stand your ground) applies under California case law, statutes, and jury instructions.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Reimagining Criminal Justice: The Disparate Impact ofthe ‘Castle’ Doctrine – Reimagining Criminal Justice
• Of the Enemy within, the Castle Doctrine, and Self-Defense – Marquette Law Review.
• A Defensible Defense: Reexamining Castle Doctrine Statutes – Harvard Journal on Legislation.
• Public perceptions of castle doctrine and stand your ground cases – Social Science Quarterly.
• The State of the Castle: An Overview of Recent Trends in State Castle Doctrine Legislation and Public Policy – Criminal Justice Review.

Legal References

Featured on