Can You Shoot Someone Who Breaks into Your House?

August 6, 2025 | Nafiz M. Ahmed

It’s terrifying to face a break-in, and it’s normal if your first instinct is to protect yourself and those you love. While every person has the right to defend their home from an intruder, it’s essential to understand the law and ensure you’re within your rights. So, can you use lethal force in a home invasion without becoming a defendant in a criminal matter?

In California, you can generally legally use deadly force—such as shooting an intruder—in very specific situations when your safety is truly in danger. But the rules for when shooting is justified are strict, and crossing the line can lead to serious legal trouble.

Self Defense and the Castle Doctrine in California

Understanding your legal rights around deadly force if someone breaks into your house means learning more about self-defense laws as well as the Castle Doctrine.

Self-Defense Law in California

California generally allows you to defend yourself with force, but only as much force as is necessary under a dangerous, immediate threat. If you honestly believe you or your loved ones are about to be seriously injured or killed, you may have the right to defend yourself with lethal force. Excessive force or reacting with deadly force against a non-deadly threat can lead to an arrest.

Castle Doctrine: No Duty to Retreat at Home

The Castle Doctrine recognizes your home as your last safe space. It says that if someone breaks into your house unlawfully and with force, you don’t have to try to retreat. Instead, the law presumes you’re justified in feeling fear for your life and may allow you to use deadly force to protect yourself and those inside.

Specifically, you must meet the following criteria to be protected under the Castle Doctrine:

Illegal and forceful entry: The person must physically break in or enter through force.
Immediate and legitimate fear: You need to genuinely and reasonably believe you’re facing imminent danger of serious injury or death from the intruder.
No safer alternatives (but no duty to retreat): If staying put and responding is the only choice to protect yourself, you don’t have to try to escape. But, you should take safer alternatives if possible and not unnecessarily escalate the situation.

Ultimately, California law gives strong protections to residents who are facing a threat in their own home, but the law can be complicated and sometimes misunderstood by law enforcement.

What You Can’t Do When Someone Breaks into Your House

You usually can’t use deadly force against someone on your property without your permission if they haven’t broken in by force. The law does not generally let you shoot a person for merely trespassing. If the intruder is running away or has already left your home and no longer poses any danger to you or others, using lethal force typically isn’t legally justified.

What To Do if Someone Breaks into Your Home

If you ever experience a break-in, your response in those first few moments and hours is critical to protect your legal rights.

Here are some of the steps you should consider taking to make sure you don’t end up facing misdemeanor or felony charges for your actions:

Call 911 right away: Make sure help is on the way and let law enforcement handle any further threat.
Do not alter the scene: Leave everything as you find it so police can collect evidence and get an accurate picture of what happened.
Cooperate with police, but be careful with what you say: You should provide your basic information and report the incident, but avoid making detailed statements until you’ve spoken with an attorney.
Document everything you remember and contact a defense lawyer immediately: Make notes about what occurred and talk to legal counsel as soon as possible. Even if you are within your rights to use the force you did, it’s important to ensure you have legal help in case something goes wrong.

What you do after a home invasion can affect how you’re treated after and whether you face charges. Always speak with a lawyer as soon as possible.

Contact Our San Jose Criminal Defense Lawyers at Ahmed & Sukaram, Criminal Defense Attorneys for Help

Having someone break into your home can be a frightening situation, but with some awareness of California’s Castle Doctrine, you can potentially be slightly more prepared if it happens to you. Contact us today to schedule a consultation with a San Jose criminal defense attorney at Ahmed & Sukaram, Criminal Defense Attorneys.

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500