Terry's Tips: 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.