Tuesday, August 6, 2013

You Are On My Porch. Can I Shoot You?

ROXIE, MS - On April 15, 2010, Jackson Attorney Clarence T “Gup” Guthrie III wrote an article in his  Mississippi Criminal Defense Blog  pertaining to the “Mississippi Castle Doctrine“. The article was titled …  ‘Can I Shoot Someone on My Porch?’  He wrote in part  ....
In 2006, Mississippi enacted one of the nation’s most extensive “Castle Doctrine” laws.  Instead of making an entirely new law, Mississippi’s castle doctrine comes from an amendment to the already existing “justifiable homicide” statute.
Castle Doctrine laws, or “castle laws,” are based on very old English common law, which recognized that someone’s home is a place where they should be free from illegal trespassing or violent attacks.  As such, the laws gave citizens the right to defend their home (their “castle”), from violent attacks or intrusions, to the extent of using deadly force if necessary.  Each state’s laws are different with regards to the Castle Doctrine, with some having no law at all, all the way to the other extreme, which is where Mississippi is on it.  Basically, the law allows you to defend your home against attack or intrusion without criminal or civil consequences.
 To read the full article by Attorney Guthrie just click here.

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that designates a person's abode (or, in some states, any legally-occupied place [e.g., a vehicle or workplace]) as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend against an intruder -- free from legal responsibility/prosecution for the consequences of the force used. 

To read more about the 'Castle Doctrine' click here > Castle doctrine - Wikipedia, the free encyclopedia:

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About the Author as reference above

Clarence T. "Gup" Guthrie III. Gup is a retired United States Marine artillery officer and J.A.G., and has been lead counsel in over 250 criminal and civil trials. He has defended hundreds of DUI cases. Gup believes that paying clients, or serious potential clients, should be able to contact their lawyer at all times, so he can be reached 24/7 by telephone at 601-991-1099, or emailed at clarence@guthriefirm.com.