Castle Doctrine vs Stand Your Ground: All 50 States Compared

Castle doctrine removes the duty to retreat inside your own home. Stand your ground extends that same rule to anywhere you are lawfully present.

Last verified: August 19, 2026 · 50 states · every row carries its controlling statute or case

Castle doctrine says you have no duty to retreat inside your own home. Stand your ground extends that same rule to anywhere you are lawfully present. Every state has the first. Not every state has the second — and in 12 states the protection stops at your doorstep: no duty to retreat in the dwelling, but a duty to retreat the moment you step outside it. That gap is the whole difference between the two doctrines, and it is where people get it wrong.

What this page answers

  • All 50 states protect the home. Not one imposes a duty to retreat from your own dwelling — so the widely repeated “there are about 20 castle doctrine states” count is wrong. The variation is in tier, not presence.
  • 37 states remove the duty to retreat outside the home — 29 by statute, 8 by case law — plus Wisconsin, which sits in between.
  • 12 states keep the duty to retreat outside the dwelling. They are highlighted in red in the table below. If you carry, these are the ones to know cold.
  • Only 11 states let a self-defense claim end a criminal case before trial — and in 5 of those 11, the defender carries the burden of proof.
  • Civil immunity is a separate question again, and it is often written into the civil code rather than the self-defense chapter, which is why so many summaries get it wrong.

Castle doctrine vs. stand your ground: the core difference

  Castle doctrine Stand your ground
What it does Removes the duty to retreat inside your dwelling (and often your vehicle and workplace) Removes the duty to retreat anywhere you are lawfully present
Where it applies The home, and in most states an occupied vehicle and place of business Any place you have a legal right to be
How many states All 50, at four different tiers of strength 37 (29 statutory, 8 case-law), plus Wisconsin as a hybrid
Typical source Statute in 45 states; common law in 5 Statute in 29; judicial decisions or pattern jury instructions in 8
Often includes A presumption that an intruder’s entry created reasonable fear (26 states) Civil immunity and, in 11 states, pretrial criminal immunity
What neither does Neither doctrine authorizes force that was not necessary, nor protects an initial aggressor, nor covers someone engaged in unlawful activity at the time. Both are defenses to a use of force that was otherwise justified — they change the retreat element, not the whole analysis.
12
states where the castle doctrine protects you inside the dwelling but a duty to retreat applies outside it. This is the practical difference between the two doctrines, and no other published comparison isolates it.

The 12 states where the protection stops at your door

In each of these states you may stand your ground inside your home. Step into the yard, the driveway, the street, or a parking lot and the analysis changes: before using deadly force you must retreat if you can do so with complete safety. The scope column shows exactly how far the no-retreat rule reaches in each one.

State Castle doctrine tier Where the no-retreat rule actually reaches Controlling authority
Connecticut statute (mirror) Dwelling exception only Dwelling and place of work Conn. Gen. Stat. § 53a-19(b)(1)
Delaware statute Statutory, no presumption Dwelling and place of work 11 Del. C. § 464(e)(2)a.-b.
Hawaii statute Dwelling exception only Dwelling and place of work Haw. Rev. Stat. § 703-304(5)(b)(i)
Maine statute Dwelling exception only Dwelling only 17-A M.R.S. § 108(2)(C)(1)
Maryland statute Common law only Dwelling only (common-law castle doctrine) Jarvis v. State, No. 22, Sept. Term 2023 (Md. Aug. 12, 2024)
Massachusetts statute (mirror) Statutory, no presumption Dwelling only Commonwealth v. Shaffer, 367 Mass. 508 (1975); G.L. c. 278, § 8A
Minnesota statute Dwelling exception only Dwelling only (case law) State v. Blevins, No. A22-0432 (Minn. July 31, 2024); State v. Glowacki, 630 N.W.2d 392 (Minn. 2001)
Nebraska statute Dwelling exception only Dwelling and place of work only Neb. Rev. Stat. § 28-1409(4)(b)
New Jersey statute (mirror) Dwelling exception only Dwelling only N.J. Stat. Ann. § 2C:3-4(b)(2)(b)(i)
New York statute Dwelling exception only Dwelling only (non-aggressor) N.Y. Penal Law § 35.15(2)(a)
Pennsylvania statute Statutory + presumption Dwelling, place of work; elsewhere only when the attacker displays or uses a deadly weapon 18 Pa. Cons. Stat. § 505(b)(2.3)
Rhode Island statute Statutory + presumption Dwelling only, and only against enumerated breaking-and-entering offenses R.I. Gen. Laws § 11-8-8; State v. Quarles, 504 A.2d 473 (R.I. 1986)

Two of these are not what they look like. Pennsylvania is not a plain duty-to-retreat state — it removes the retreat duty in the dwelling and workplace, and also outside them, but only when the attacker displays or uses a readily lethal weapon. Wisconsin removes it by statute in the dwelling, vehicle and place of business and its courts have declined to impose a strict retreat rule elsewhere, which is why we count it separately from the 12 rather than inside them. Read the state page before you rely on either.

All 50 states, side by side

Click any column heading to sort. Red rows are the 12 states with a duty to retreat outside the dwelling.

Download all 50 states as CSV (18 fields per state)

State Castle doctrine Retreat at home? Stand your ground Retreat outside the home? Pretrial immunity Who bears the burden Civil immunity
Alabama castle statute · stand-your-ground statute (mirror) Statutory + presumption
Ala. Code § 13A-3-23
No Statutory stand-your-ground No
No duty outside
Yes Defendant, preponderance Yes
Alaska castle statute (mirror) · stand-your-ground statute (mirror) Statutory, no presumption
Alaska Stat. § 11.81.335
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Arizona castle statute · stand-your-ground statute (mirror) Statutory + presumption
Ariz. Rev. Stat. §§ 13-418, 13-419
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Arkansas castle statute (mirror) · stand-your-ground statute (mirror) Statutory + presumption
Ark. Code Ann. § 5-2-620
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Partial
California castle statute (mirror) · stand-your-ground statute (mirror) Statutory + presumption
Cal. Penal Code § 198.5
No stand-your-ground by case law No (case law)
No duty outside
No No hearing exists, so no burden is allocated No
Colorado castle statute (mirror) · stand-your-ground statute (mirror) Statutory, no presumption
Colo. Rev. Stat. § 18-1-704.5
No stand-your-ground by case law No (case law)
No duty outside
Yes Defendant, preponderance — and only against a person who actually made an unlawful entry into the dwelling Partial
Connecticut castle statute (mirror) · stand-your-ground statute (mirror) Dwelling exception only
Conn. Gen. Stat. § 53a-19(b)
No Duty to retreat Yes, with exceptions
Duty to retreat outside
No No hearing exists, so no burden is allocated No
Delaware castle statute · stand-your-ground statute Statutory, no presumption
11 Del. C. § 464(e)
No Duty to retreat Yes, with exceptions
Duty to retreat outside
No No hearing exists, so no burden is allocated Partial
Florida castle statute · stand-your-ground statute Statutory + presumption
Fla. Stat. § 776.013
No Statutory stand-your-ground No
No duty outside
Yes State, clear and convincing — criminal only (after the defendant's first-look showing) Yes
Georgia castle statute (mirror) · stand-your-ground statute (mirror) Statutory, no presumption
O.C.G.A. § 16-3-23
No Statutory stand-your-ground No
No duty outside
Yes Defendant, preponderance Yes
Hawaii castle statute · stand-your-ground statute Dwelling exception only
Haw. Rev. Stat. § 703-304(5)(b)
No Duty to retreat Yes, with exceptions
Duty to retreat outside
No No hearing exists, so no burden is allocated No
Idaho castle statute · stand-your-ground statute Statutory + presumption
Idaho Code § 18-4009
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Illinois castle statute · stand-your-ground statute Statutory, no presumption
720 ILCS 5/7-2
No stand-your-ground by case law No (case law)
No duty outside
No No hearing exists, so no burden is allocated Partial
Indiana castle statute (mirror) · stand-your-ground statute (mirror) Statutory, no presumption
Ind. Code § 35-41-3-2(d)
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Iowa castle statute · stand-your-ground statute Statutory + presumption
Iowa Code §§ 704.1, 704.2A, 704.13
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Kansas castle statute · stand-your-ground statute Statutory + presumption
K.S.A. §§ 21-5223, 21-5224, 21-5231
No Statutory stand-your-ground No
No duty outside
Yes State, probable cause Yes
Kentucky castle statute · stand-your-ground statute Statutory + presumption
Ky. Rev. Stat. § 503.055
No Statutory stand-your-ground No
No duty outside
Yes Commonwealth, probable cause Yes
Louisiana castle statute · stand-your-ground statute Statutory + presumption
La. Rev. Stat. § 14:20
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Maine castle statute · stand-your-ground statute Dwelling exception only
17-A M.R.S. §§ 104, 108(2)(C)(3)
No Duty to retreat Yes, outside the home
Duty to retreat outside
No No hearing exists, so no burden is allocated Partial
Maryland castle statute · stand-your-ground statute Common law only
No statute — Burch v. State, 346 Md. 253 (1997), citing Crawford v. State, 231 Md. 354 (1963)
No Duty to retreat Yes, outside the home
Duty to retreat outside
No No hearing exists, so no burden is allocated Partial
Massachusetts castle statute · stand-your-ground statute (mirror) Statutory, no presumption
Mass. Gen. Laws ch. 278, § 8A
No Duty to retreat Yes, outside the home
Duty to retreat outside
No No hearing exists, so no burden is allocated Partial
Michigan castle statute · stand-your-ground statute (mirror) Statutory + presumption
Mich. Comp. Laws §§ 780.951, 780.972
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Minnesota castle statute · stand-your-ground statute Dwelling exception only
Minn. Stat. § 609.065
No Duty to retreat Yes, outside the home
Duty to retreat outside
No No hearing exists, so no burden is allocated No
Mississippi castle statute (mirror) · stand-your-ground statute (mirror) Statutory + presumption
Miss. Code Ann. § 97-3-15
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Partial
Missouri castle statute · stand-your-ground statute Statutory, no presumption
Mo. Rev. Stat. § 563.031
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Montana castle statute · stand-your-ground statute Statutory, no presumption
Mont. Code Ann. §§ 45-3-103, 45-3-110
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Nebraska castle statute · stand-your-ground statute Dwelling exception only
Neb. Rev. Stat. §§ 28-1409, 28-1411
No Duty to retreat Yes, outside the home
Duty to retreat outside
No No hearing exists, so no burden is allocated No
Nevada castle statute · stand-your-ground statute Statutory + presumption
Nev. Rev. Stat. §§ 200.120, 200.130
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
New Hampshire castle statute · stand-your-ground statute Statutory, no presumption
N.H. Rev. Stat. Ann. § 627:4
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
New Jersey castle statute · stand-your-ground statute (mirror) Dwelling exception only
N.J.S.A. 2C:3-4(b)(2)(b)(i), 2C:3-4(c)
No Duty to retreat Yes, outside the home
Duty to retreat outside
No No hearing exists, so no burden is allocated No
New Mexico castle statute · stand-your-ground statute Common law only
No statute — UJI 14-5170 NMRA; State v. Boyett, 2008-NMSC-030
No stand-your-ground by case law No (case law)
No duty outside
No No hearing exists, so no burden is allocated No
New York castle statute · stand-your-ground statute Dwelling exception only
N.Y. Penal Law §§ 35.15, 35.20
No Duty to retreat Yes, outside the home
Duty to retreat outside
No No hearing exists, so no burden is allocated No
North Carolina castle statute · stand-your-ground statute Statutory + presumption
N.C. Gen. Stat. §§ 14-51.2, 14-51.3
No Statutory stand-your-ground No
No duty outside
No* No hearing exists, so no burden is allocated Yes
North Dakota castle statute · stand-your-ground statute Statutory + presumption
N.D. Cent. Code §§ 12.1-05-07, 12.1-05-07.1
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Ohio castle statute · stand-your-ground statute Statutory + presumption
Ohio Rev. Code §§ 2901.05(B), 2901.09
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Partial
Oklahoma castle statute · stand-your-ground statute Statutory + presumption
Okla. Stat. tit. 21, § 1289.25
No Statutory stand-your-ground No
No duty outside
Yes Defendant, at a pretrial immunity hearing (standard not specified in the opinions reviewed) Yes
Oregon castle statute · stand-your-ground statute (mirror) Dwelling exception only
Or. Rev. Stat. §§ 161.209, 161.219, 161.225
No stand-your-ground by case law No (case law)
No duty outside
No No hearing exists, so no burden is allocated No
Pennsylvania castle statute · stand-your-ground statute Statutory + presumption
18 Pa. Cons. Stat. § 505(b)(2.1)-(2.3)
No Limited stand-your-ground Yes, with exceptions
Duty to retreat outside
No No hearing exists, so no burden is allocated Yes
Rhode Island castle statute · stand-your-ground statute Statutory + presumption
R.I. Gen. Laws § 11-8-8
No Duty to retreat Yes, with exceptions
Duty to retreat outside
No No hearing exists, so no burden is allocated No
South Carolina castle statute · stand-your-ground statute Statutory + presumption
S.C. Code Ann. §§ 16-11-410 to 16-11-450
No Statutory stand-your-ground No
No duty outside
Yes Defendant, preponderance Yes
South Dakota castle statute · stand-your-ground statute Statutory + presumption
S.D. Codified Laws §§ 22-18-4.2, 22-18-4.3
No Statutory stand-your-ground No
No duty outside
Yes State, clear and convincing (after the defendant makes a first-look claim) Yes
Tennessee castle statute (mirror) · stand-your-ground statute (mirror) Statutory + presumption
Tenn. Code Ann. § 39-11-611
No Statutory stand-your-ground No
No duty outside
Civil only Civil immunity only — no criminal pretrial hearing, so no criminal burden is set Yes
Texas castle statute · stand-your-ground statute Statutory + presumption
Tex. Penal Code §§ 9.31, 9.32
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Yes
Utah castle statute · stand-your-ground statute Statutory + presumption
Utah Code §§ 76-2-402, 76-2-405
No Statutory stand-your-ground No
No duty outside
Yes State, clear and convincing Partial
Vermont castle statute · stand-your-ground statute (mirror) Common law only
No statute — State v. Hatcher, 167 Vt. 338 (1997); 13 V.S.A. § 2305 is a justifiable-homicide statute
No stand-your-ground by case law No (case law)
No duty outside
No No hearing exists, so no burden is allocated No
Virginia castle statute · stand-your-ground statute Common law only
No statute — Hines v. Commonwealth, 292 Va. 674 (2016); Fortune v. Commonwealth, 133 Va. 669 (1922)
No stand-your-ground by case law No (case law)
No duty outside
No No hearing exists, so no burden is allocated No
Washington castle statute · stand-your-ground statute (mirror) Common law only
Wash. Rev. Code § 9A.16.050 (no castle presumption; no-retreat rule is judicial)
No stand-your-ground by case law No (case law)
No duty outside
No No hearing exists, so no burden is allocated Yes
West Virginia castle statute · stand-your-ground statute Statutory, no presumption
W. Va. Code § 55-7-22
No Statutory stand-your-ground No
No duty outside
No No hearing exists, so no burden is allocated Partial
Wisconsin castle statute · stand-your-ground statute Statutory + presumption
Wis. Stat. § 939.48(1m)
No Limited stand-your-ground No (case law)
No duty outside
No No hearing exists, so no burden is allocated Partial
Wyoming castle statute · stand-your-ground statute Statutory + presumption
Wyo. Stat. Ann. § 6-2-602
No Statutory stand-your-ground No
No duty outside
Yes Defendant first-look, then State, preponderance (criminal); defendant, preponderance (civil) Yes

Where a self-defense claim can end a case before trial

This is the part almost nobody publishes, and it matters more than the retreat rule for anyone who ever actually has to use the defense. In most states, self-defense is something you argue to a jury after being charged, indicted and tried. In eleven states, a judge can dismiss the case at a pretrial hearing.

State Who bears the burden at the immunity hearing
Alabama statute (mirror) Defendant, preponderance
Colorado statute (mirror) Defendant, preponderance — and only against a person who actually made an unlawful entry into the dwelling
Florida statute State, clear and convincing (after the defendant’s first-look showing) — criminal only
Georgia statute (mirror) Defendant, preponderance
Kansas statute State, probable cause
Kentucky statute Commonwealth, probable cause
Oklahoma statute Defendant, at a pretrial immunity hearing (standard not specified in the opinions reviewed)
South Carolina statute Defendant, preponderance
South Dakota statute State, clear and convincing (after the defendant makes a first-look claim)
Utah statute State, clear and convincing
Wyoming statute Defendant first-look, then State, preponderance (criminal); defendant, preponderance (civil)

Read the burden column, not just the state list. In Alabama, Colorado, Georgia, Oklahoma and South Carolina the person who was attacked has to prove entitlement to immunity. In Florida, Kansas, Kentucky, South Dakota, Utah and Wyoming the prosecution carries it. Those are two very different procedural worlds wearing the same label.

Missouri is expressly unresolved. Missouri’s statute grants immunity from prosecution, but no controlling Missouri appellate decision has established a pretrial procedure to enforce it. Anyone telling you Missouri has a Florida-style immunity hearing is guessing. We flag it as unresolved on the state page and here.

Civil immunity is a third, separate question

Criminal immunity and civil immunity are not the same protection, and a state can grant one without the other. Across the 50 states: 26 grant civil immunity, 12 grant it partially, and 12 grant none.

Why so many summaries get this wrong: several states put their civil immunity outside the self-defense chapter entirely — in the civil practice or torts title. Georgia, Idaho, Indiana, Louisiana, Maryland, Massachusetts, Texas, Utah and West Virginia all do this. A researcher who reads only the criminal code concludes there is no civil immunity and publishes that. Georgia’s civil immunity lives at O.C.G.A. § 51-11-9, in Title 51; Idaho’s at Idaho Code § 6-808; Ohio’s partial immunity at R.C. 2307.60(B)(2)(c) and (B)(4). All three are commonly reported as “none.”

The four tiers of castle doctrine

“Does this state have a castle doctrine?” is the wrong question, because the answer is always yes. The useful question is which tier:

Tier States What it means in practice
Statutory plus presumption 26 A statute removes the retreat duty in the dwelling and creates a legal presumption that an unlawful, forcible entry gave you reasonable fear of death or great bodily harm. The strongest position.
Statutory, no presumption 11 A statute removes the retreat duty in the dwelling, but you still have to prove your fear was reasonable on the facts.
Dwelling exception only 8 The state imposes a general duty to retreat and carves out the dwelling as an exception. Protection exists but is narrower and often more conditional.
Common law only 5 No statute. The protection comes from judicial decisions, which means a court can narrow it without a legislative vote.

Where every row comes from

Every state row now links to the two statutes it is actually about: the castle-doctrine provision and the stand-your-ground or retreat provision. These are the same authorities cited on our castle doctrine and stand your ground pages, carried through here so this comparison can be checked against the law rather than against us.

Official text where we can get it, a labeled mirror where we cannot. Most rows point at a state legislature, courts or attorney general server. Where a state’s own code server refuses automated access, the row points at a mirror and the link says (mirror) so you can weigh it. Nothing is presented as official when it is not.

What this does not yet claim. Attaching the controlling statute to every row is not the same as re-reading all eight columns for all fifty states against it. The tiers, retreat rules, immunity and burden entries were compiled when this page was built; the citations were carried through on 1 September 2026 so any line can be checked in one click. The row-by-row re-read is the next pass, and this note will say so when it is done.

Self-defense law is not a table. Whether a particular use of force was lawful turns on the facts, on how that state’s courts have read the statute, and on a jury. These rows tell you what the statute says. They are not advice, and they are not a prediction about any real incident.

The same fragility applies on the stand-your-ground side: in eight states — California, Colorado, Illinois, New Mexico, Oregon, Vermont, Virginia and Washington — the no-retreat rule exists only in case law or pattern jury instructions. It is real, it is relied on daily, and it could be narrowed by a single appellate decision without anyone voting on it.

Frequently asked questions

Is castle doctrine the same as stand your ground?

No. Castle doctrine is about a place — your home, and usually your vehicle and workplace. Stand your ground is about a person’s legal right to be somewhere, and it applies anywhere you are lawfully present. Every stand-your-ground state necessarily protects the home; the reverse is not true, and the 12 states in the table above are the proof.

Does my state have castle doctrine?

Yes. All 50 do, at one of the four tiers above. Find your state in the table for its tier and controlling statute, then read the full state page.

If my state has stand your ground, can I use force anywhere?

No. Removing the duty to retreat does not make a use of force lawful. You still need to be somewhere you are legally allowed to be, not be the initial aggressor, generally not be engaged in unlawful activity, and face a threat that made the force necessary and proportionate. Stand your ground removes one element from the analysis. It does not remove the rest.

Which is better to have?

They protect different situations, so the question is really which combination your state gives you: the tier of castle doctrine, whether the no-retreat rule follows you outside, whether that rule sits in a statute or only in case law, and whether you get pretrial and civil immunity. A state with statutory stand your ground, a presumption, pretrial immunity with the burden on the State, and full civil immunity is in a materially different position from a state with a common-law dwelling exception and nothing else — even though both would be described as having “castle doctrine.”

Does castle doctrine cover my car?

In most states with a statutory castle doctrine, yes — an occupied vehicle is named alongside the dwelling, and often a place of business too. The scope varies, and the state pages spell out exactly which places each statute names.

Go deeper

How this comparison was built. Both datasets behind this page were researched state by state from primary sources: the state’s own statute server or constitution where reachable, and a Cornell LII or Justia mirror where a state blocks automated access, with every mirror row labeled as such. The 18 fields per state are published in full in the CSV above so you can check any row against its citation. The comparison itself — putting the castle-doctrine tier and the stand-your-ground rule for the same state on the same line, and isolating the 12 states where they diverge — is our own analysis; we could not find it published anywhere else. Where a point of law is genuinely unresolved (Missouri’s pretrial procedure) we say so instead of picking a side.

This is general information, not legal advice. Self-defense law is fact-specific, changes with new legislation and appellate decisions, and can turn on details this page cannot know. Nothing here creates an attorney-client relationship. Before you rely on any of it, read your state’s current statute at the link provided and talk to a licensed attorney in your state. Where a claim is unsettled we have said so; where a row came from a mirror rather than an official state server, the CSV says so.

Common questions

What is the difference between the castle doctrine and stand your ground?

The castle doctrine is about your home. Stand your ground is about everywhere else you are lawfully entitled to be. A state can have one without the other, and eleven still expect you to retreat outside the home if you safely can.

How many states have each?

All fifty recognize a castle doctrine of some kind – 37 put it in statute, 8 cover the dwelling only as an exception to a wider duty to retreat, and 5 leave it to the common law. On stand your ground, 29 write it into statute, 8 reach it through court decisions, 2 allow it only in limited circumstances and 11 do not have it.

Does either one stop me being charged?

No. Both are defenses you raise, not bars to a case being opened. Only 11 states let a judge end a criminal case before trial on immunity grounds; 37 do not, one limits it to civil claims, and in one the appeal courts have not settled the question.

If the shooting was lawful, can I still be sued?

Often, yes. Twenty-six states give full civil immunity when the force was lawful, twelve give partial protection, and twelve give none at all. Criminal and civil are separate questions and a state can answer them differently.