Maine Legal Group Logo
Main Office
Satellite Office
Consultations by Appointment Only

Maine’s Castle Doctrine

There are few situations more terrifying or intense than being attacked by someone else. Having to resort to using force to defend yourself is something that normal people hope will never happen to them. So much of your future well-being rides on mere seconds of hyper-intense action that doesn’t have a certain outcome.

While all self-defense situations are highly emotional and sometimes even life-defining, defending your own home from an invasion is the most stressful of them all. Because it’s such a stressful moment, with so much at stake, the laws of Maine include one that sets out what you can do, to protect your home.

Nearly all states in the U.S. have a law similar to Maine’s, detailing how a person can justifiably defend their own property. These laws are based on the Castle Doctrine, which originated in the Roman Empire, but got its name in England in the early 1600s, when a British judge said, “a man’s house is his castle, and each man’s home is his safest refuge.”

According to Maine’s Castle Doctrine statute, there are several situations that make it justifiable to use either deadly force, or non-deadly force to protect your house and premises.

The ability to justifiably use non-deadly force is simple, and broad under Maine’s Castle Doctrine. Non-deadly force can be used if you reasonably believe it’s necessary to prevent someone from trespassing, or about to trespass, on your land, private roads, or in any buildings on your land.

The justifiable use of deadly force, on the other hand, is more complex, and much more limited. It can be used when reasonably necessary to prevent an intruder from committing arson on the property, or from committing a crime while inside your home.

However, under Maine’s law, deadly force cannot be used against someone inside your own home until you’ve given them the opportunity to stop their criminal activity, by demanding they stop what they’re doing, and leave the premises. Using deadly force to defend your home is only justified if the intruder doesn’t immediately comply with your demand. With that said, if you reasonably believe that confronting the intruder would put you or someone else in danger, then demanding that the trespasser stop what they’re doing and leave is not necessary before you use deadly force.

The Castle Doctrine tries to strike a balance between your rights as a property owner, and the other guy’s right to “keep breathing”. However, in the heat of the moment, these rationales get thrown out the window, as your emotions and adrenaline start to run high.

Hurting or killing someone in self-defense is a life-changing event. After the actual conflict, you’ll likely face criminal charges, as prosecutors take you to court to test your claim that you were acting in self-defense. This is where having a criminal defense attorney like William T. Bly on your side can be a huge help. Using his nuanced understanding of Maine’s criminal laws and procedures, Mr. Bly can make sure that you don’t get convicted for defending yourself against someone who broke into your own home. Call his law office at (207) 571-8146 or contact him online.

REQUEST A CONSULTATION

Contact our office to speak with
one of our team members who will set up a confidential consultation to discuss your case.

PRACTICE AREAS
WHAT OUR CLIENTS SAY

Great group of people. Managed to get me a favorable outcome from a very bad situation. I would highly recommend this firm if you have legal troubles. Top notch performance!!

Dave Allen

So thankful I chose this team to represent me. They’re the best, hands down. Nathan Hitchcock proved my innocence not once but TWICE, including a trial by jury. I have a family in law enforcement who told me “Bill Bly and his team are the best. If I would recommend anyone, it would be them.”

Brandon Albert

AVOID A CRIMINAL RECORD

OUR RATES INCLUDE TRIAL FEES*

OVER 115+ GOOGLE REVIEWS

OVER 165+ AVVO REVIEWS

Ready to Get Started? Get In Touch With Us Today!

If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys.

Get to Know Our Group
Maine Legal Group

We are a boutique law firm, and we stand out by prioritizing our clients’ well-being. At The Maine Legal Group, our experienced team offers personalized attention in both criminal defense and divorce cases.

The Maine Criminal Defense Group

The Maine Criminal Defense Group adeptly handles all areas of criminal defense practice, including experienced and skilled legal representation for state and federal charges.

The Maine Divorce Group

The Maine Divorce Group empowers individuals skillfully navigating divorce with compassionate guidance, ensuring a brighter future through the challenges of the process.