LEGAL EASE
by
Shane Givens and Summer McWhorter

April 4, 2012

The "Stand Your Ground" law


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If you have turned on a TV or radio in the last few weeks, you've probably heard the name Trayvon Martin. While there is much outrage over the death of this Florida teenager, we want to focus on the “Stand Your Ground” law that is being debated in the media. A case that is so explosive that the president comments on it is bound to leave people with questions.

What is this law? When does it apply? Does Alabama have the same law? These are the types of questions people are asking.

In Florida, this law gives people who reasonably believe that they are in danger the right to use deadly force to defend themselves. Numerous states, including Florida, already had laws that allowed people to defend themselves in their own homes with the use of deadly force. Florida's “Stand Your Ground” law was the first of its kind when enacted in 2005. It expanded its protection from homes to public spaces.

Since the law was enacted in Florida, similar laws have been passed in 24 other states including Alabama. Some states require that people retreat, or avoid any violent confrontation, if at all possible. Other states, like Florida and Alabama, do not require people to attempt to retreat.

When does this law apply? As a general rule, a person cannot use deadly force against another. However, there are a few exceptions.

In Florida, the provision of the law that is being discussed most in connection with the Martin case is the section that states “[a] person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

Finally, does Alabama have the same law? The simple answer is yes. For this law to apply, a person must first be justified in using physical force. In §13A-3-23(a) there is a list of circumstances that allow the use of physical force.

If physical force is justified, then §13A-3-23(b) comes into play. This provision allows a person to use physical force, including deadly physical force, if they are “not engaged in an unlawful activity and is in any place where he or she has the right to be.” In that case, a person does not have to retreat “and has the right to stand his or her ground.”

If all requirements are not met, then this law will not supply a defense and a person could face prosecution for their actions. The facts of each individual case are important in determining if this provision applies to a particular incident. 

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to
givenslaw@tds.net.