Alabama Self-Defense Laws

Alabama Code § 13A-3-23 et seq.

A person may use physical force on another person to defend themself or a third person if they have a reasonable belief the aggressor is using (or will imminently use) unlawful physical force against them. A person acting in self-defense may use any degree of force that they reasonably believe is necessary to defend themselves or the third person, including deadly force. (§ 13A-3-23(a))

The law presumes a person acting in self-defense justifiably used deadly force in self-defense (or in the defense of others) in the following situations:

• They reasonably believed the aggressor was using (or was about to use) unlawful deadly physical force. (§ 13A-3-23(a)(1))
• They reasonably believed the aggressor was using (or about to use) physical force against someone who occupies a dwelling that the aggressor was burglarizing or attempting to burglarize. (§ 13A-3-23(a)(2))
• They reasonably believed the aggressor was committing (or was about to commit) a kidnapping, a first- or second-degree assault, a burglary, a robbery, forcible rape, or forcible sodomy. (§ 13A-3-23(a)(3))
• They reasonably believed the aggressor was using (or was about to use) physical force against a business owner, employee, or other authorized person when the business was closed to the public and the aggressor was committing (or attempting to commit) a crime involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a sex crime involving a child under 12 years old. (§ 13A-3-23(a)(4))

A person justified under § 13A-3-23(a) to use physical force (including deadly force) in self-defense does not have to retreat. Instead, they have a right to stand their ground. (§ 13A-3-23(b))

A person who knows or has reason to believe that another person has unlawfully and forcibly entered the following areas or is committing an unlawful or forceful act may use deadly physical force to defend it (§ 13A-3-23(a)(5)):

• A dwelling
• A residence
• A business property
• An occupied vehicle
• A federally licensed nuclear facility

Other situations in which the law justifies deadly force include:

• When the aggressor is sabotaging (or attempting to sabotage) a federally licensed nuclear power facility.
• When the aggressor is attempting to remove (or has forcefully removed) someone against their will from a dwelling, residence, business property, or occupied vehicle (when the person removed has a legal right to be there)

A person who lawfully possesses or controls premises (or is licensed or privileged to be there) may use physical force upon a person when they reasonably believe it is necessary to prevent or stop them from committing a criminal trespass in or on the premises. (§ 13A-3-25(a))

The person may use deadly force in the following circumstances:

• In defense of a person or
• When they reasonably believe deadly force is necessary to prevent the other person from committing first- or second-degree arson. (§ 13A-3-25(b)(1)-(2))

A person may use physical force (but not deadly force) if they reasonably believe it’s necessary to prevent or stop the commission (or attempted commission) of theft or criminal mischief concerning property other than premises. (§ 13A-3-26)

The law does not justify the use of deadly force in the following situations:

• The person against whom one uses deadly force has a right to be in the dwelling, resident, or vehicle, or they are a lawful resident of those places (e.g., they own it or lease it), and there is no court order (e.g., a domestic violence protective order) preventing them from being there. (§ 13A-3-23(a)(5)(a))
• The person is a child, grandchild, or otherwise in the lawful custody or guardianship of the person against whom one uses deadly force. (§ 13A-3-23(a)(5)(b))
• The person who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle in furtherance of an unlawful activity. (§ 13A-3-23(a)(5)(c))
• The person against whom a person uses deadly force is a law enforcement officer acting within their official duties at the time the person uses the force. (§ 13A-3-23(a)(5)(d))

Under Alabama law, the following circumstances do not justify the use of physical force in self-defense:

• The person allegedly acting in self-defense provoked the use of unlawful physical force by another person and used physical force in response intending to cause physical injury or death to the person they provoked. (§ 13A-3-23(c)(1))
• The person using physical force was the initial aggressor. However, suppose the initial aggressor withdraws from the encounter and communicates that to the other person. Still, the other person continues to use (or threatens to use) unlawful physical force. In that case, the initial aggressor may use force to defend themselves. (§ 13A-3-23(c)(2))
• The physical force used resulted from an agreement between the parties to engage in unauthorized or unlawful combat. (§ 13A-3-23(c)(3))
• Using physical force to resist a law enforcement officer’s lawful arrest. (§ 13A-3-28)

The following are defenses to prosecution with regard to self-defense (except a prosecution for murder or a killing involving aggravating circumstances):

• The actor engaged in the conduct because threats of imminent death or serious physical injury to themselves or another compelled them to do so. (§ 13A-3-30(a))
• Their spouse compelled them to use force in self-defense. The presumption that a woman is subject to compulsion when acting in the presence of her husband is abolished. (§ 13A-3-30(c))

These defenses are not available if a person intentionally or recklessly placed themselves in a situation where they would probably be subjected to duress. Similarly, the defenses are unavailable if the person negligently placed themselves in such a situation (if negligence suffices to establish culpability for the offenses charged). (§ 13A-3-30(b))