{"id":352209,"date":"2023-08-02T16:56:06","date_gmt":"2023-08-02T21:56:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-law-basics\/stand-your-ground-laws.html"},"modified":"2023-08-02T16:56:06","modified_gmt":"2023-08-02T21:56:06","slug":"stand-your-ground-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-law-basics\/stand-your-ground-laws.html","title":{"rendered":"Stand Your Ground Laws"},"content":{"rendered":"\n
\n \n
\n

Stand Your Ground Laws<\/h1>\n
\n
\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Stand your ground laws generally allow people to use force to defend themselves without first attempting to retreat from the danger. Yet, this defense is only possible under certain conditions.<\/p>\n\n <\/div>\n\n

Stand your ground laws are a type of self-defense law<\/a>. They allow the use of deadly force when a person has a reasonable belief that they are in imminent danger.<\/p>\r\n

But what exactly are stand-your-ground laws<\/a>? How do they work as a legal defense, and what purpose do they serve? Are there limits to how you can practice self-defense?<\/p>\r\n

This article will answer those questions and more. But if you need direct help, you can find a criminal defense lawyer<\/a> who will explain how these laws may apply to your case.<\/p>\r\n

Duty to Retreat<\/h2>\r\n

Stand-your-ground laws are essentially a revocation of the duty to retreat. Explaining them also requires explaining this common law concept.<\/p>\r\n

In its most extreme form, the duty to retreat states that a person under imminent threat of great bodily harm must retreat from the aggressor as much as possible before responding with deadly force in self-defense. About 11 U.S. states, including New York<\/a>, Hawaii, Maine, Maryland, and Connecticut, impose the duty to retreat.<\/p>\r\n

Stand-Your-Ground Laws at a Glance<\/h2>\r\n

The purpose behind these laws is to remove any confusion about when people can defend themselves. It is also to eliminate prosecutions of people who legitimately used self-defense even though they had not attempted to retreat from the threat.<\/p>\r\n

The 2012 death of Trayvon Martin, a 17-year-old boy shot and killed by George Zimmerman in Florida, brought much attention to Florida’s stand-your-ground laws. The tragic situation in Florida, and others like it around the country, have caused many people to question the wisdom of these criminal laws. Still, some defend these laws as necessary for defending against would-be perpetrators.<\/p>\r\n

State Stand-Your-Ground Laws Differ<\/h3>\r\n

In many states, such as Florida<\/a>, a claim of self-defense under a stand-your-ground law offers immunity from criminal prosecution rather than an affirmative defense. This means that, rather than presenting a self-defense argument at an assault trial, an individual could claim self-defense under the state’s stand-your-ground law and avoid trial altogether.<\/p>\r\n

State legislatures differ on whether the stand-your-ground law<\/a> applies to lethal force instances. Some states retain the duty to retreat when lethal force is involved, and others remove the duty to retreat under all circumstances.<\/p>\r\n

The following states are stand-your-ground states that have state laws that provide that there is no duty to retreat:<\/p>\r\n