![]() ![]() With the passage of new laws, such as ‘Stand Your Ground’, the states now have to prove that a defendant was not acting in self-defense. “This affirmative defense was inherently unfair as no person who is presumed innocent should then be tasked with establishing their innocence. “Historically, defendants were saddled with the burden of establishing that they acted in self-defense and were unable to retreat to avoid the ultimate defensive action,” said Friedman. of Cleveland-based Friedman & Nemecek, L.L.C., we are seeing a trend across the country correctly placing the entire burden of proof properly on the states. Every state follows some version of the castle doctrine when it comes to home intruders.Īccording to Ian N. This is true even if you live in a duty to retreat state. Keep in mind, however, that if an intruder is in your home, you do not have a duty to retreat. This is where the help of a skilled defense attorney can make all the difference in the world. Proving that you could not escape harm’s way, however, is not always an easy task. If, however, you were unable to escape a situation in which you had a reasonable fear of serious harm, you would be allowed to defend yourself, even by use of lethal force. In layman’s terms, if you can avoid the risk of serious harm or death, you are not permitted to use deadly force to defend yourself. In states that legally impose the duty to retreat, the use of lethal force to defend yourself is typically only allowed as a last resort of extreme necessity. An experienced defense attorney can help you determine if your actions of self-defense are legally protected by your state’s laws. It is important to note that some states have stand your ground-like doctrines but are not included on the list above. And in most states, the person using self-defense must not have initiated the altercation.Īs stated above, stand your ground laws vary from state to state, but states that currently have some form of stand your ground law include: For example, if the person is trespassing on another’s property, he/she may not be protected by stand your ground laws. Furthermore, using deadly force is not proportionate to the threat of being “beaten up.”Īnother requirement of stand your ground laws in certain states is that the person using deadly force to defend himself/herself is legally at the location at which the encounter occurs. For starters, Bill is not immediately in harm’s way. For example, if someone approaches Bill in a dark alley and says, “Hey, I don’t like you, and I’m going to come to your house and beat you up when you least expect it,” stand your ground laws do not give Bill the green light to pull out a gun and shoot the guy on the spot. The individual using deadly force as a means of self-defense must be under a reasonable threat of harm, and the force used must be proportional to that threat. Stand your ground laws do have some restrictions, however. A similar law, known as the “Castle Doctrine”, also allows the use of deadly force for self-defense, but only if the individual is in his/her own home or property. They are not required to try to escape from harm, and they can defend themselves in any geographic location they do not have to be on their personal property. Since then, Floridians can defend themselves using lethal force. Charged With a Criminal Offense? Find a Lawyer Who Will Fight for YouĬould You Go to Jail for Disorderly Conduct?Ĭan a Lawyer Help Get My DUI Charges Dropped?įlorida made news as the first state to pass the so-called “Stand Your Ground” law in 2005. ![]()
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