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Castle Doctrine

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Posted by Christopher Combs on October 21, 2024

The Castle Doctrine Defense in Missouri. The Castle Doctrine is a legal principle that allows you to use force – including deadly force – to defend yourself and others within your home, dwelling, vehicle, or other private property without the duty to retreat. You can use this force if you reasonably believe it’s necessary to defend yourself or someone else from what you believe to be the use or imminent use of unlawful force. However, your use of force must be reasonable and justifiable under the specific circumstances.

As a leading criminal defense law firm in St. Louis and throughout Missouri, Combs Waterkotte understands the complexity of castle doctrine defenses and is committed to providing personalized, client-centered defense strategies that are tailored precisely to your case and to protecting your rights and freedom. The Combs Waterkotte legal team has over 40 years of experience successfully handling cases just like yours and building robust defense strategies.

What is the Castle Doctrine in Missouri?

This doctrine gives you the right to protect yourself, your loved ones, and your property from unlawful intrusions or threats:

  • In your home or residence
  • In your vehicle
  • On private property you own or lease
  • Any other location you have the right to be

Under Missouri’s Castle Doctrine, your defense attorney will have to prove you were acting in self-defense. To do so, the Combs Waterkotte lawyers can use the elements of jeopardy, ability, and means. Were you placed in jeopardy? Does the intruder have the ability to carry out the threat? Does the intruder have the means to carry out the threat?

Castle Doctrine vs. Stand-Your-Ground Laws

Both the Castle Doctrine and stand-your-ground laws are affirmative defenses to criminal charges in St. Louis and throughout Missouri. The pivotal difference is location. The castle doctrine is based on English common law, stemming from the idea that “one’s home is one’s castle, and one has the right to defend it.” Stand-your-ground laws apply when you face a threat of violence in other locations, like on a public street or in a park. Generally, these laws also allow you to defend yourself and others from serious bodily harm with no duty to retreat.

How a Criminal Defense Attorney Can Use the Castle Doctrine in Your Defense

Successfully using the Castle Doctrine in a criminal case requires more than just an understanding of the ins and outs of Missouri law – it requires deep expertise, resources, and personalized legal strategies. With a Combs Waterkotte defense attorney by your side, you can rest assured your case is in good hands. Our lawyers have successfully handled more than 10,000 cases just like yours.

Missouri law allows you to use deadly force if you reasonably believe it is necessary to defend yourself against death, serious bodily harm, or a forcible felony. Your lawyer can help demonstrate that your actions were justified under the law and can work to disprove any claims by the prosecution that you acted excessively or unlawfully.

Resources the Combs Waterkotte Legal Team Uses to Build a Strong Castle Doctrine Defense

When hiring a skilled Combs Waterkotte criminal defense attorney, you gain access to a large network of resources that strengthens your defense in St. Louis and beyond. Building a strong Castle Doctrine defense means presenting compelling evidence, including:

  • Surveillance Footage
  • 911 Recordings
  • Expert Testimony on Self-Defense Principles
  • Eyewitness Testimony

Personalized Strategies Tailored Precisely to Your Defense

Facing criminal charges, no matter the severity, can be overwhelming, particularly when your future is at stake. A client-focused Combs Waterkotte attorney provides guidance and support throughout the entire legal process, making sure you understand your rights and options at every step. We take the time to listen to your side of the story, understand your situation, and build your defense strategy to your specific needs and objectives.

When it comes to using the Castle Doctrine as a defense, it’s essential that your lawyer personalizes the strategy to reflect the details of your case. Whether you are hoping for charges to be dismissed, reduced penalties, or an acquittal, the Combs Waterkotte defense team focuses on achieving the best possible result for you.

Why You Need a Skilled Combs Waterkotte Criminal Defense Attorney for a Castle Doctrine Defense

Here’s why a Combs Waterkotte criminal defense lawyer is critical when using the Castle Doctrine as a defense:

  • Understanding the Legal Complexities: The Castle Doctrine isn’t an automatic get-out-of-jail-free card. An experienced defense attorney knows how to apply these principles to the facts of your case.
  • Proving Your Actions Were Justified: This often involves proving that you were under an immediate threat of harm and that your use of force was reasonable given the circumstances.
  • Countering Common Prosecutorial Tactics: The prosecution will often try to downplay the threat you faced or argue that you could have used less force. Your Combs Waterkotte attorney will focus on your right to protect yourself in your own home or property.
  • Personalized Legal Strategy: Whether you’re facing a minor assault charge or a more serious charge like manslaughter, your lawyer will know how to adapt the Castle Doctrine to your unique situation and give you the best chance of a favorable outcome.

If you believe the Castle Doctrine is applicable in your defense, call Combs Waterkotte immediately at (314) 900-HELP or reach out online to schedule a confidential consultation with an expert criminal defense attorney who can provide legal advice and guidance on next steps.

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