Does a detached garage count as a dwelling that is protected under the Castle Doctrine?

UPDATED: May 16, 2019

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Does a detached garage count as a dwelling that is protected under the Castle Doctrine?

I know my car is considered a dwelling only if i’m in it. Does the same hold true for a garage or only if i’m standing in it. For example, if someone breaks and enters my detached garage and I come outside and see them, can I shoot them and be protected under the Castle Doctrine or is the detached garage


Asked on May 16, 2019 under Criminal Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A detached garage is not your home as that word is commonly understood: it is not where you or other persons reside or dwell, and is not attached to or contiguous with (and therefore effectively part of) your home. The Castle Doctrine most likely would not be considered to apply, just as it would not apply if someone were trespassing in your hard but not entering your dwelling, or had opened up some small separate tool shed you had.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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