If an intruder enters unlawfully, but not forcibly, the presumption that the defender is acting reasonably should they use force does not apply they must be able to articulate a reasonable fear of death or great bodily injury. There are several notable restrictions to Alabama’s castle doctrine law, and the most notably it states throughout that an intruder must be entering or attempting to enter forcibly and unlawfully. In short, so long as you are the occupant of your own home, temporary dwelling or lodging place, place of business or vehicle and you are either attacked within any of these places or someone is attempting to forcibly enter any such place unlawfully you are justified in using lethal force to protect yourself or others within. Under these circumstances the law presumes that the person using deadly physical force and self-defense is justified.Īlthough these statutes broadly cover typical instances of home invasion and other crimes committed against the occupants of structures, the law further clarifies that defensive lethal force maybe utilized against any intruder or person who is attempting to enter any such mentioned structure or conveyance for the purposes of committing any other forcible felony. Overview of Castle Doctrine Law in AlabamaĪlabama law justifies the use of lethal force in self-defense under what is popularly known as the castle doctrine so long as the occupant of any home, temporary dwelling or lodging, place of business or vehicle does so in response to an Intruders forcible and unlawful entry that is occurring or had immediately occurred.
Read on to learn what you need to know about castle doctrine law in Alabama and be sure to check out the end of the article for the specific statutes. That being said, self-defense is still serious business, and there are restrictions regarding this law even in Alabama. Thankfully, most states have castle doctrine statutes in force under the law, either on the books or enacted by way of jury instructions or some other method.Īlabama has one of the best castle doctrine laws to be found anywhere, and is staunchly pro-citizen in word and interpretation. Castle doctrine is a crucial concept in American self-defense law, one that states that an occupant of a home, business or other property has a right to defend themselves against someone who would forcibly enter in order to attack the occupants, or commit a crime within the structure.
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