Tennessee Self-Defense Laws

Under the castle doctrine, you have no duty to retreat if you are in your own home or other place you have a legal right to be, such as your own business. If you are not engaged in an illegal activity in any other location, you do not have to retreat if you believe you are in imminent danger of attack.

Tennessee does not have an affirmative stand your ground law. In a few states, the stand your ground law shifts the burden from the defendant to the prosecution. In a self-defense case, the prosecution must show that the defendant did not have a reasonable belief that they were in fear of their life.

Elements of Self-Defense

To have a successful claim of self-defense in the state of Tennessee, the defendant must show:

• They were engaged in lawful activity
• They were in a place they had a legal right to be, or had been legally invited by the owner
• They reasonably believed there was an imminent danger of serious bodily injury or death
• The danger was real or honestly believed to be real at the time
• They had reasonable grounds for their belief

In other words, the defendant cannot claim they were afraid of something that might happen in the future, or that was objectively not reasonable.

Defendants may also claim self-defense in defense of a third person if that person is a resident or invitee of the defendant’s house or business.

You may use force up to and including deadly force to protect yourself or others, but the force must be proportional to the force used against you. You may not use lethal force to prevent suicides or in defense of property.

When Self-Defense Is Not Permitted

A defendant may not claim self-defense in these circumstances:

• Resisting arrest by a law enforcement officer
• The defendant commits any unlawful activity
• The defendant was the initial aggressor or provoked the other person’s use of unlawful force
• In a mutual combat situation, unless the defendant attempted to retreat and the other person continued the attack

Tennessee law permits drivers to resist arrest at a roadblock or other stop by a law enforcement officer if the officer uses excessive force. The defendant must reasonably believe that force is necessary to protect against the use of excessive force. In practice, this is a legal argument that your attorney should make during your trial or arraignment. You could face a more serious charge of resisting arrest with violence, a Class B misdemeanor punishable by up to 11 months in jail.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the Tennessee laws you are researching.

Tennessee Self-Defense Laws: Related Resources

If you’d like more information and resources related to this topic, you can visit the links listed below.

• Tennessee Gun Control Laws
• Tennessee Second-Degree Murder Laws
• Tennessee Voluntary Manslaughter Laws
• Tennessee Assault Laws

Get Legal Advice From a Tennessee Criminal Defense Attorney

Sometimes the use of deadly force is justified. If you’re facing criminal charges in Tennessee, you need help from an experienced Tennessee criminal defense attorney. Their expertise with Tennessee codes will help you get the best outcome possible.