We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Defense of Property?

Mary McMahon
By
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A defense of property is a legal defense to assault charges where the accused argues that a threat or assault took place in the context of preventing damage to personal or real property. Many nations consider the use of reasonable force acceptable when people are defending their property, and this defense can often be used successfully in court. There are some important caveats to be aware of, and it is important to make sure the law is followed when taking forceful action to protect property.

Generally, in order for defense of property to be accepted, the defendant must show that warning was provided to the accuser before any action was taken. The warning should be clear and must include a note that force will be taken if necessary, along with a stated declaration that a person is defending property he owns or has been hired to protect. A security guard, for example, wears a uniform clearly demonstrating she is charged with defending property on behalf of someone else.

If the warning is not heeded within a reasonable time period, a person can take reasonable force to remove the property from danger. Generally, lethal force is not considered acceptable unless people feel personally threatened. Thus, an unarmed trespasser can be firmly escorted off private property but cannot be shot or struck with a weapon, while a robber with a gun can be shot in self defense if people can argue they sensed a real and present danger, such as the robber waving the gun and threatening to shoot.

When faced with this defense, people can try to argue that warning was not provided or it was unclear, or say they were not given enough time to respond to the warning. In a defense of property, some allowance must be made to give people a chance to comply with orders. People may also argue that while the defense was justified, the level of force used was not. Since property rights are often very highly valued, this is often more successful than trying to claim the warning was not sufficient to meet the legal standard.

People should be familiar with how defense of property laws work in their region so they can follow the law when protecting homes, businesses, and personal property. Generally, as long as a clear warning is provided and people use reasonable force, meeting the threat presented by the trespasser with equal force, they will be within the law in regards to defense of property.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Read more
WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.