Portland Criminal Justice

Menu
  • Home
  • Crime Logs
    • Daily Crime Log
    • Jail Statistics
    • Year-to-date arrests by charge
    • Year-to-date statistics
    • Terminology
  • Victims
    • Domestic Violence
    • Measure 11
    • Victims’ Rights
    • Victim Resources
  • Defendants
    • Arrest Assistance
    • Booking Process
    • Bail Information
    • Mugshots
    • Hiring A Lawyer
  • General Information
    • Law Enforcement Links
    • MCSO Jail Codes – Crimes
    • MCSO Jail Codes – Holds
    • MCSO Jail Codes – Drug Crimes
  • Jail and Prison
    • Jail By County
    • Oregon Prisons
    • Prison Labor
    • Parole and Probation
  • Contact
Menu

Can I shoot an intruder in my home?

June 29, 2018January 3, 2019 by Portland Criminal Justice

Oregon is a castle doctrine state, which means that a homeowner or property owner does not have the duty to retreat from protecting themselves, family or property if the premises is in their legal possession.

In general though, one should not think of castle doctrine as authorizing you to shoot a burglar or home invader, rather you should think of the law as authorizing a defense in court to such an action.

Ideally the armed and alert homeowner who catches an intruder would hold him or her at gunpoint until the police arrived. Of course, in reality, many such situations are far from ideal.

If you do shoot, and subsequently kill an intruder, you can expect a deadly serious investigation by the police and the district attorney into whether your claim of self-defense and castle doctrine is proper.

Moreover, remember that the DA can still try to put you on trial and force you to prove it yourself to a jury of your peers, causing months or even years of legal headaches, finances, and anxiety. If for example, you shot a burglar in the back, that could be evidence that you could not reasonably fear for your life at the time you fired.

The bottom line is that although castle doctrine says you do not have to retreat in your home before defending yourself or property with deadly force, you should still try to avoid shooting anyone, even an intruder, unless you are in imminent danger of death or serious harm.

Leave a Reply Cancel reply

Your email address will not be published.

About Us

Portland Criminal Justice is a media and public service website dedicated to providing information about the criminal justice system in Multnomah County, Oregon, and the United States.

Our aim is to provide the best possible free information for victims, defendants, and families of those who have become involved in the criminal justice system in Oregon. We also offer commentary on criminal justice issues both locally and nationally.

We strive to post the most accurate and factual information available. Please contact us if you believe we have made an error.

Recent Posts

  • Porn Professor Pleads Guilty and Gets 2 1/2 Years Prison
  • PSU professor hit with child porn charges
  • Oregon law about spanking children
  • Quintez Cephus faces trial
  • Bray has conviction reinstated; re-sentenced to 15 years prison

Archives

  • July 2019
  • May 2019
  • February 2019
  • January 2019
  • December 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018

Categories

  • General
  • Notable
  • Oregon Consent Laws posted on July 9, 2018
  • Oregon law about spanking children posted on February 24, 2019
  • Can I shoot an intruder in my home? posted on June 29, 2018
RSS
Follow by Email
Facebook
Twitter
©2019 Portland Criminal Justice | WordPress Theme by Superb Themes