Terry's Tips: When You Should Stand Your Ground in Alabama

Self-defense is a common defense to violent charges, such as assault or homicide. If someone else causes you to fear imminent harm, the law justifies using force necessary to protect yourself. Each state sets its own laws regarding self-defense, and Alabama has laws that heavily favor your right to defend yourself, others, and your property. In fact, Alabama is one of the states that provides you with the right to stand your ground, which means that, in certain situations, you can use deadly force in self-defense without the duty to try to retreat.

It is important to understand this law and when you can lawfully stand your ground to prevent criminal liability and charges. If you believe you have the right to stand your ground and, in fact, you do not, it can result in serious criminal charges.

The Right to Stand Your Ground

There are certain criteria that you must meet in order to be able to stand your ground under Alabama law. The following is an overview of factors to consider regarding using deadly force in self-defense.

You must reasonably believe that someone else is about to use unlawful physical force that would result in death or extreme injury.

You cannot simply pass someone on the street and use force claiming that you were “standing your ground.” Instead, the law requires that you have a reasonable fear that someone is about to cause imminent harm. The prosecutor will examine whether your fear was reasonable under the given circumstances.

If someone came toward you with a raised fist and no visible weapons or intention to cause severe or fatal injuries, you cannot use deadly force against them under stand your ground principles. Instead, you must be able to show that it was reasonable to fear extreme injury from the other person.

Stand your ground laws apply to the defense of others.

You are allowed to stand your ground in defense of someone else in addition to self-defense. If you believe that someone is about to cause serious bodily injuries or death to someone else, you can step in and use deadly force to stop the attacker.

You must have the right to be where you are.

You cannot be trespassing or in a location without proper permission when you stand your ground. If a park is closed to the public after 10 p.m., for example, and you use deadly force in self-defense while passing through the park at midnight, the defense of standing your ground will likely not be available.

You must not be engaging in unlawful activity.

You cannot be in violation of the law at the time you decided to stand your ground. If you are in the process of committing a crime when you use deadly force in self-defense, you will not be able to claim a stand your ground defense.

Contact a Montgomery Criminal Defense Attorney Right Away

It is important to know the law, so you can make the right choice in an instant if you believe you are being attacked. If you are arrested and accused of assault or homicide, contact a Montgomery criminal defense lawyer at Luck Law immediately. Call 334-262-5455 or contact us online for help.

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