Is a Property Owner Liable for Using Deadly Force to Defend Their Property in Louisiana?

An owner of property may be liable for using deadly force to defend their property. It depends on whether the person was defending an occupied dwelling, place of business, or motor vehicle, or defending a property standing alone.

The rate of property offenses reached 1,835.1 per 100,000 population across the U.S. in 2024. Louisiana Castle Doctrine provides different rules for these circumstances, and owning property by itself doesn’t create a right to use deadly force.

Under La. R.S. 14:19(A)(1)(a), a person can use reasonable force to prevent a forcible offense or a trespass against property that is lawfully in that person’s possession. This rule addresses the use of reasonable force in protecting property but doesn’t authorize deadly force by itself. Separately, La. R.S. 14:19(A)(2) provides that this provision doesn’t apply when the force used results in a homicide.

The distinction is important. Louisiana doesn’t generally allow a property owner to use deadly force simply because someone is trespassing, stealing property, or trying to damage property.

The circumstances might be different when the person is lawfully inside an occupied dwelling, place of business, or motor vehicle and faces an unlawful entry or an intruder who refuses to leave. Those situations are addressed separately under Louisiana’s justification-of-homicide provisions.

In addition, deciding whether an owner faces criminal or civil liability can’t be determined only because the person was protecting their property. The nature of the property, where the person was located, what the other person was doing, and whether the statutory requirements for justified force were satisfied all make a difference.

Louisiana’s Castle Doctrine: Dwelling, Business, and Vehicle

Louisiana Castle Doctrine laws provide broader protections when someone is lawfully inside a dwelling, place of business, or motor vehicle. Under La. R.S. 14:20(A)(4)(a), a homicide might be justifiable when a person lawfully inside one of these locations uses deadly force against an intruder in certain circumstances.

Generally, the statute applies when:

• Someone is attempting an unlawful entry into the dwelling, business, or vehicle.
• An intruder has already entered and refuses to leave.
• The person inside reasonably believes deadly force is necessary.
• The person using force was lawfully inside when the confrontation began.

La. R.S. 14:20(B) creates a presumption that the person’s belief was reasonable when someone is unlawfully and forcibly entering the property, and that the occupant knew or had reason to believe that the entry was happening.

The law also addresses retreat under La. R.S. 14:20(C), a person who is lawfully inside a dwelling, place of business, or motor vehicle has no duty to retreat before using force that would otherwise be justified. In addition, La. R.S. 14:20(D) prevents the fact finder from considering whether the person could have retreated when determining if the use of force was justified.

However, that protection has limits. The Castle Doctrine doesn’t automatically extend to every piece of property surrounding a home or business, like a yard, driveway, detached shed, or open land. La. R.S. 14:20(A)(4)(b) also creates an exception when the person defending the property is engaged in the unlawful acquisition or distribution of a controlled dangerous substance.

Civil Immunity and Criminal Exposure in Caddo and Bossier Parish

Louisiana Castle Doctrine laws and self-defense laws can have an effect on a civil claim, separately from a criminal investigation, under La. R.S. 9:2800.19(A). The law states that a person who uses force that’s legally justified under the applicable law might be immune from any civil claim that’s brought by the intruder or the intruder’s family.

If the court determines that immunity applies, La. R.S. 9:2800.19(B) can provide an award for attorney fees, court costs, and lost income. However, a property owner shouldn’t just assume that this protection might apply to their case. The person claiming immunity must raise the issue and then establish that the statutory requirements have been met.

In a criminal case, the district attorney decides whether charges should be filed. Depending on where the incident occurred, a case could proceed in the First Judicial District Court of Caddo Parish or the Bossier Parish District Court.

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In addition to being licensed to practice law in Louisiana since 1989, Attorney Jacqueline A. Scott is admitted to practice in the Western District of Louisiana and the Fifth and Eleventh Circuits. The host of television’s Cajun Court, Jacqueline leverages her distinguished reputation to secure the most favorable outcomes in every settlement and verdict.

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