Legal Definitions - defense of property

Defense of property is a legal justification, known as an affirmative defense, that someone can use when accused of a crime, such as assault or battery. It argues that the force they used was necessary and reasonable to protect their belongings, land, or other property from theft, damage, or unlawful interference. While individuals are generally permitted to use a reasonable amount of force to prevent harm to their property, this defense has strict limits. Crucially, the law almost universally prohibits the use of deadly force solely to protect property, even if the property is being stolen or destroyed. The force used must be proportionate to the threat posed to the property.

Here are some examples illustrating the defense of property:

• Example 1: Preventing Theft of Personal Items

  Imagine a person, Sarah, sees someone attempting to hotwire and steal her car from her driveway in the middle of the night. She rushes outside, pulls the person out of the car, and holds them down until the police arrive. If Sarah were later charged with assault or battery for physically restraining the thief, she could raise the defense of property, arguing that her actions were a reasonable and necessary use of force to prevent the theft of her valuable vehicle.

• Example 2: Protecting Real Estate from Trespass and Damage

  Consider a farmer, John, who discovers a group of individuals cutting down trees on his private land without permission. After asking them to stop and leave, which they refuse, John uses a non-lethal deterrent, such as a strong water hose, to spray them until they retreat from his property. If one of the individuals later pressed charges against John for assault, he could invoke the defense of property, asserting that he used reasonable, non-deadly force to protect his land and trees from trespass and damage.

• Example 3: The Limitation on Deadly Force

  A convenience store owner, Maria, observes a shoplifter attempting to flee her store with a candy bar worth a few dollars. In an attempt to stop the shoplifter, Maria grabs a baseball bat from behind the counter and strikes the person, causing a serious injury. If Maria were charged with aggravated assault, the defense of property would likely fail. The law generally does not permit the use of deadly or severely injurious force (like a baseball bat strike causing serious injury) solely to prevent the theft of low-value property, as the force used was not proportionate to the threat.