Castle Doctrine in Nevada: Does the State Recognize It?

What is the Castle Doctrine?

According to Law Cornell, the castle doctrine allows individuals to use deadly force in self-defense without a duty to retreat when they are in their own homes [1].

Under the doctrine of self-defense, a party who reasonably believes they are threatened with the immediate use of deadly force can legally respond with a proportional amount of force to deter that threat. The doctrine of self-defense is subject to various restrictions which differ from jurisdiction to jurisdiction

While the general self-defense laws vary by jurisdiction, the castle doctrine provides an exception to the duty to retreat, allowing individuals to stand their ground in their own homes, provided all other requirements for self-defense are met.

Castle Doctrine vs. Duty to Retreat

In contrast to the castle doctrine, the “duty to retreat” requires individuals to make a reasonable effort to avoid confrontation before using force, whether lethal or non-lethal [2].

Under these laws, a person must attempt to de-escalate or flee from a threatening situation before resorting to self-defense. For example, if someone is threatened by a mugger, they cannot immediately draw a weapon; they must first try to avoid conflict by talking down the aggressor or escaping the area.

The idea, in essence, is that a person has to have exhausted any other possibilities of concluding…whatever is happening…without resorting to violence. To use force, lethal or otherwise, under these laws requires a person to have no other choice but to fight. If you have the ability to flee, you can’t use force

Duty to retreat laws also place a higher burden on individuals, necessitating that they face a genuine threat to life or limb and have attempted all other means of resolution, including fleeing. However, these laws are not unreasonable; they recognize that force is justified if retreat is not possible or safe.

On the other hand, “stand your ground” laws, which have garnered much attention, allow individuals to use force, including lethal force, without the duty to retreat when attacked outside their homes, permitting them to defend themselves immediately.

Understanding the Limitations of the Castle Doctrine

While the right to self-defense in one’s home is protected by law in most US states, there are specific limitations. For example, the use of force is not justified in cases of mere trespassing.

The castle doctrine’s protection is limited to a person’s residence. Outside the home, individuals are on the same legal footing as everyone else. However, “Stand Your Ground” laws often cover self-defense outside the home, allowing the use of force, including deadly force, if faced with a significant threat.

The castle doctrine applies only if a person is confronted with a lethal threat in their home. Situations that do not present a clear and immediate danger to life and limb may not protect individuals from conviction.

Additionally, having a castle doctrine law does not guarantee that charges will never be brought; it may lead to acquittal, but charges can still be filed. The doctrine provides a degree of privilege to the rightful occupant of a dwelling, affirming their right to safety within their home.

Nevada’s Castle Doctrine Statute

NRS 200.120 “Justifiable homicide” is defined; as no duty to retreat under certain circumstances.

1. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle, or a person, against one who manifestly intends or endeavors to commit a crime of violence, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.

2. A person is not required to retreat before using deadly force as provided in subsection 1 if the person:

(a) Is not the original aggressor;

(b) Has a right to be present at the location where deadly force is used; and

(c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

3. As used in this section:

(a) “Crime of violence” means any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.

(b) “Motor vehicle” means every vehicle which is self-propelled.

Related Articles:

• Self-Defense Murder Explained
• Are Brass Knuckles Illegal in Nevada?
• Is Pepper Spray Legal in Colorado?

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References:
1. https://www.law.cornell.edu/wex/castle_doctrine
2. https://aliengearholsters.com/blog/duty-to-retreat-or-castle-doctrine/