Defense of Property: Did the Man in the Video Defend His Rights

This defense of property viral video is a bit hard to watch. We don’t know the full context, but we see a woman crawling out of a car, seemingly thrown out by either the driver or passenger. Moments later, she goes to the front of the car and climbs onto the hood, potentially damaging it and obstructing the driver’s ability to move. The driver then gets out and drags her off without causing injury.

Is he guilty of assault or within his right to defend property?

What is Defense of Property?

The defense of property is the defense one uses to protect one’s property. A defendant charged with assault or battery can argue they were using reasonable force to keep their property safe. They can legally claim the defense of property even if their activities are illegal, provided there is no way to avoid it.

However, people cannot use deadly or excessive force to protect their property.

The man in the video did not injure the woman. He did what he had to do to get her out of his car, thereby preventing damage and potentially dangerous driving situations. He is not guilty of assault or battery.

What is Special Defense?

Defense of property is considered a special or affirmative defense in legal terms. The term commonly applies to trespassing. A person may use reasonable force to remove a trespasser from their property.

The law does not explicitly list defense of property as a special defense, but it often protects defendants when someone violates their property rights.

A person using special defense in a trespassing case must prove the following.

• The accused must reasonably believe their force was necessary to remove the individual from their property.
• The accused used reasonable force when removing that person
• The accused must have asked the person to leave and given them reasonable time to leave before forcibly ejecting them from their property
• The person asked to leave cannot resist if reasonable force is used to remove them from the property.

The circumstances in the viral video do not directly align with a trespassing case, but you can draw the similarities.

Defense of Property Combined with Other Crimes

The woman in the video appeared only to pose a threat by potentially damaging the man’s property. However, property damage can also occur alongside other crimes. For example, a person may damage someone else’s property to rob or burglarize them.

When property damage or an attempt at property damage is combined with robbery, burglary, or theft, a person is exposed to an added threat. The defense can be pretty powerful.

When Does Defense of Property Go Too Far?

Determining when a person goes too far in defending their property can be difficult. For example, the Lane CJ case revolved around a man who manufactured ten petrol bombs to protect his shop during the Toxeth Riots. He proved he believed he used reasonable force to protect himself and his family in the event of the attack, which would free him of charges.

In the case of Chamberlain vs. Lindon, Lindon demolished a wall, believing he was using reasonable force to protect his property. The jury decided it was unnecessary to determine if his force was reasonable. What mattered was whether he believed his force was reasonable.

Lindon believed he acted reasonably, which absolved him of the crime.

Our emotions can sometimes take over, especially when we feel threatened. The jury must decide who acted within their rights if excessive force is used.