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Terry's Tips: Your Right to Stand Your Ground in Alabama
Your Right to Stand Your Ground in Alabama
Many people accused of assault or manslaughter claim they were acting in self-defense. When you are in fear of imminent bodily harm, you have the right to protect yourself by using an appropriate amount of force. Self-defense is an important concept because it helps to prevent wrongful convictions of people who were facing the threat of serious harm.
Alabama is one of many states that has enhanced the right to defend yourself, as the state passed a Stand Your Ground law in 2006. In states without Stand Your Ground, an individual facing possible harm has the duty to retreat from the situation if it can be safely done before you use force to defend yourself. Stand Your Ground removes the duty to retreat and allows you to act in self-defense against someone who you believe is about to hurt you.
Claiming Self-Defense Under Stand Your Ground Laws
Stand Your Ground does not simply give you the right to do anything you want to avoid harm. There are still requirements for you to be within your rights under the law. For example:
● You must have the right to be in that location and may not be trespassing
● You must not be involved in illegal activity
● You still must only use force that is reasonably necessary to protect from the degree of harm threatened
If someone seems like they are going to push or punch you, Stand Your Ground does not give you the right to shoot them. You can only use deadly force in self-defense if you fear serious bodily harm or death. Stand Your Ground is not a justification to use your firearm or another deadly weapon whenever you are threatened.
If you meet the requirements of Stand Your Ground, your lawyer can seek immunity for you to avoid criminal charges or to have existing charges dropped. If the prosecutor refuses to drop your case, we can present this defense at a criminal trial.
Stand Your Ground Can be Complicated
Stand Your Ground has made it easier for criminal defendants in Alabama to claim self-defense and avoid a wrongful conviction, and many people have successfully prevented charges or convictions by claiming immunity under Stand Your Ground laws. However, not every defendant is successful in this claim.
One Alabama woman recently made international headlines when she lost her Stand Your Ground hearing and still faces murder charges for shooting a man she claimed raped her and attacked her brother in her home. The court found in that case that she did not demonstrate that she had the right to use deadly force, despite being physically and sexually assaulted and seeking the man assault her brother. This is only one example of how defendants might proceed to trial on murder charges even if they were acting in self-defense under Stand Your Ground.
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Seek Help from a Montgomery Criminal Defense Attorney
If you are facing possible criminal charges after acting in self-defense, it is critical to have an experienced Montgomery criminal defense lawyer advocating for you. Call Luck Law at
334-262-5455 or
contact us online right away.
Terry's Tips
Practice Areas
State Criminal Defense
Terry Luck has defended thousands of people charged with violating the law. Winning your case is our top priority. In this approach, we believe that we position our clients for the most favorable outcomes. When nothing less than "not guilty" will do, you deserve to give yourself the best chance of hearing those words. He has actively pursued and obtained "Not Guilty" verdicts for his clients.
Federal Criminal Defense
Whether you are facing serious prison time, are concerned about having a criminal record or about losing your job or reputation, whether it is a serious felony or misdemeanor, we have the knowledge and experience to help achieve the best results for you. We routinely handle cases in Montgomery, Pike, Macon, Dallas and Lee counties of Alabama.
Automobile Accidents
For a victim, what happens after an accident can involve thousands of dollars in medical bills, vehicle repairs, physical pain and discomfort, missed wages from taking time off work and sustained injuries. No one ever wishes for it to happen to them or a close loved one. You should know that you do have options and attorney Terry Luck knows how to get the best possible case outcome.
Wrongful Death Cases
Alabama law is very different than other states when it comes to wrongful death cases. If you find yourself needing a trustworthy lawyer for a wrongful death case, Terry Luck is here for you. When you want honest, hard working, hard fought representation, you need Luck. Terry Luck will vigorously represent you, asserting your rights and your defenses and put you in the best position to win.
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Luck Law, LLC.
Tiernan (Terry) W. Luck, III
621 South Hull Street
Montgomery, AL 36104
(334) 262-5455 office
(334) 263-1130 fax
The Law Offices of Tiernan (Terry) W. Luck III serve Montgomery County, Pike County, Dallas County, Macon County, Lee County including Montgomery, Troy, Pike Road, Shorter, Selma, and Tuskegee.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. No attorney-client relationship is established by requesting a consultation or by emailing the firm. Information submitted in such communication is not privileged and may be subject to disclosure.
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