How to Plead Defense of Property to an Assault Charge
The defense of property plea states that the accused should not be found guilty of assault because he was acting to protect his home or possessions. If you wish to plead defense of property to an assault charge in court, there are a few things you should keep in mind.
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Instructions
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Determine whether the person you assaulted was unlawfully trespassing on your property, or was in immediate danger of either causing harm to or stealing your property. Laws in most areas grant citizens the right to be secure in their dwellings without fear of intrusion, which will let you plead defense of property.
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Establish that you gave the person ample warning before you launched the assault. In most parts of the country, you must either give a clear verbal order for the other person to retreat before you are justified in the use of force, or else indicate that giving such an order would present an immediate threat to you or another person.
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Demonstrate that the person either ignored your verbal warnings or that your warnings would not prevent the immediate theft or damage of your property.
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Point out that you used an appropriate amount of force to deal with the situation. Note the time you stopped using force and indicate why the other person continued to pose a threat until that moment.
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Indicate any subsequent steps you took to resolve the situation appropriately, such as calling the police, phoning for an ambulance, or the like.
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Talk to a lawyer. You should always consult an attorney when preparing to defend yourself against a criminal charge. The FindLaw site (see Resources below) can point you in the right direction.
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Tips & Warnings
The law requires a reasonable belief that your property was in danger before you may plead defense of property to an assault charge. "Reasonable" is not necessarily the same thing as "true." It means only that you had due cause to think that the other person was a threat to your property, regardless of whether or not he actually was.
The use of deadly force is almost never permitted in the defense of property. Successful use of this plea often depends on demonstrating that you did not intend to kill the other person, but only to prevent him or her from stealing or damaging your property.
