{"id":374535,"date":"2018-10-10T09:15:39","date_gmt":"2018-10-10T14:15:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/missouri-law\/missouri-self-defense-laws.html"},"modified":"2024-12-18T13:30:35","modified_gmt":"2024-12-18T18:30:35","slug":"missouri-self-defense-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/missouri-law\/missouri-self-defense-laws.html","title":{"rendered":"Missouri Self-Defense Laws"},"content":{"rendered":"\n
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Missouri Self-Defense Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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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
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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

Defending yourself when attacked is a natural reaction. It’s a protected right under state laws if you have a reasonable fear for your life or the life of another. Missouri self-defense<\/a> laws detail the circumstances under which an individual can justify their conduct without being convicted of a crime.<\/p>\r\n

There’s often a fine line between a reasonable person’s duty to retreat and using physical force. The wrong decision can result in a criminal offense. Missouri law tends to favor possible justification through a self-defense claim, but every case is different. Both the castle doctrine<\/a> and the stand-your-ground doctrine<\/a> are viable in Missouri.<\/p>\r\n

With so much uncertainty surrounding self-defense claims, it’s crucial to understand how they’re interpreted under Missouri statutes<\/a>. This article will examine Missouri’s stance on the duty to retreat, who carries the burden of proof in self-defense cases, and under what circumstances the use of physical force or deadly force is justified. Read on to learn more about self-defense laws in Missouri.<\/p>\r\n

Missouri Self-Defense Basics<\/h2>\r\n

It makes sense that if someone attacks you or a loved one, you have the right to defend yourself or them. In any situation where you have a reasonable fear that you might suffer a serious physical injury, any physical force you use can fall under a self-defense claim. This also applies to preventing stealing, property damage, and tampering<\/a>. Restraint is also permitted if it’s used only as long as necessary.<\/p>\r\n

But, self-defense is not an automatic get-out-of-jail-free card. Acting as the aggressor<\/a> at any point during an incident may make claiming justification through self-defense a tough sell. There also needs to be a credible threat, whether against yourself or someone you’re protecting. Helping to prevent an escape attempt or a violent felony is often considered justification for using physical force.<\/p>\r\n

The guidelines are narrower when it comes to deadly force. Those claiming it necessary to defend themselves must believe they or someone else were in danger of death, serious physical injury, or a forcible felony<\/a>. It’s also justified in certain situations, such as a home invasion.<\/p>\r\n

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

Self-defense and physical force should be the last resort, not the default response. This is the concept behind a person’s duty to retreat<\/a>. Where there is a duty to retreat, you must avoid a physical altercation if possible. This could mean de-escalating the situation or leaving the area of potential conflict.<\/p>\r\n

Given the possible outcome, it’s always a good idea to avoid conflict when you can. Missouri’s gun laws allow people to carry concealed and loaded firearms without a permit or background check<\/a>, so the chance for a lethal outcome is always present.<\/p>\r\n

Let’s say Pat and Cameron are having a heated argument. Pat tries to leave the area, but Cameron pursues, and a fight breaks out between them. Cameron might encounter difficulty claiming justification by self-defense because Cam became the aggressor<\/a> by interfering with Pat’s attempt to retreat.<\/p>\r\n

Missouri law enforcement is not subject to the duty to retreat<\/a>. Police are permitted to use physical force within the guidelines of their public duties. This applies to deadly force as well, although they’re subject to the requirements for justification.<\/p>\r\n

Missouri’s Stand Your Ground Rule and the Castle Doctrine<\/h2>\r\n

Missouri recognizes that it’s not always possible to retreat from a situation. In some instances, you have the explicit right not to do so.<\/p>\r\n

The castle doctrine<\/a> was first used as a defense in England in 1604. Sir Edmund Coke argued that "a man’s home is his castle." Under Missouri’s statutes, people have no duty to retreat if there’s been an unlawful entrance or attempted entrance into their dwelling, residence, or vehicle.<\/p>\r\n

By entering your home or vehicle, the intruder is considered the initial aggressor. This gives homeowners and renters an easier-to-prove claim of self-defense. This includes the use of lethal force.<\/p>\r\n

Missouri goes a step further with its version of a stand-your-ground<\/a> law. This expands the castle doctrine to include waving the duty to retreat for someone who had a reasonable fear of death, a forcible felony, or serious physical injury in any location they had the right to be in<\/a>. Under this definition, claiming the right to stand your ground isn’t limited by many locations.<\/p>\r\n

However, this doesn’t turn Missouri into the Wild West. In 2016, the Missouri Court of Appeals for the Eastern District held in State v. Whipple<\/i><\/a> <\/i>that deadly force under the castle doctrine can only be used when you reasonably believe such force is necessary to protect yourself or someone else from "the use or imminent use of unlawful force."<\/p>\r\n

When claiming self-defense as justification for the use of physical or deadly force, the burden of proof is on the defendant in most instances. An exception to this is when the castle doctrine applies<\/a>.<\/p>\r\n

There have been recent attempts by the legislature, though Missouri State Senate bills<\/a>, to address the presumption of reasonableness as a defense. The goal is to make those who used force in self-defense immune to criminal prosecution or civil action, but none have made it into law.<\/p>\r\n

Battered Spouse Syndrome<\/h2>\r\n

Victims of intimate partner violence (IPV) may have the option to use evidence of battered spouse syndrome<\/a> as justification for a self-defense claim. The spouse must provide written intent to use this approach. The court will order a psychological examination of the accused.<\/p>\r\n

Missouri Self-Defense Laws – Easy Reference<\/b><\/h2>\r\n

It doesn’t take much for an argument to veer into violence. Knowing your rights under Missouri law can help you decide when self-defense is the best option. The table below recaps what you’ve learned and offers links for further research.<\/p>\r\n\r\n

Missouri Self-Defense Code Statutes<\/b><\/p>\r\n<\/td>\r\n

Missouri Revised Statutes<\/b><\/p>\r\n

Title XXXVIII – Crimes and Punishment; Peace Officers and Public Defenders<\/u><\/p>\r\n

Chapter 563 – Defense of Justification<\/p>\r\n

Possible Justified Use of Force Under Missouri Self-Defense Laws<\/b><\/p>\r\n

 <\/p>\r\n

 <\/p>\r\n<\/td>\r\n

Use of physical force may be justified under Missouri law when:<\/p>\r\n

When the Duty to Retreat Doesn’t Apply Under Missouri Self-Defense Law<\/b><\/p>\r\n<\/td>\r\n

A person has no duty to retreat:<\/p>\r\n