An individual has the right to protect themselves from intruders trying to attack them or enter their homes, especially if they believe their life is in danger. Even then, the law may still punish individuals who use force to protect themselves and their residences.
When it comes to protecting oneself, Missouri follows the “castle doctrine,” also called the defense of habitation law. Knowing how the state enforces self-defense laws is one way you can protect your rights.
How the castle doctrine works
This principle sees an individual’s residence as their castle, hence the name. Therefore, homeowners can resort to force, even deadly force, if they believe that it is necessary to protect themselves from harm or death if an intruder is threatening them.
Missouri law states that if an intruder tries to break into a residence or attack an individual in their home, vehicle or anywhere they have the right to be, they do not have a duty to retreat—meaning they do not have to try to escape before using force against a threat.
The doctrine does not excuse excessive force
However, it is crucial to understand that the castle doctrine does not allow individuals to use excessive amounts of force to respond to a threat.
For example, if an unarmed intruder is attempting to break into a residence, the homeowner shooting them with a firearm may result in an assault with a deadly weapon charge. This is because the use of force in this case could be disproportionate to the threat and unjust.
You can be more proactive in protecting yourself, your property and your rights by understanding the castle doctrine, what situations and circumstances fall under self-defense and how much force you can use to respond to threats.