Fight or Flight: How Self-Defense Laws Can Impact Your Legal Case
Self-Defense, Immunity, Standing Your Ground: It all means YOU doing what is legal and just to protect yourself and others.
We see it more frequently than one would think. A person is faced with the decision of protecting themselves and their family or risking everyone’s safety to the mercy of an attacker. Unfortunately, most prosecuting authorities take the approach of “arrest now and leave it up to the Court.” In fact, we often hear that exact rhetoric on body cameras and in interviews. That is where a strong legal defense team comes into play. Most cases of self-defense include major crimes like assault, robbery, or even murder. Our team has fought these issues for clients time and time again, and have won our clients the decisions that were justly deserved. Below, we will give a summary of Alabama’s self-defense laws, how these apply to your case, and the process of asserting your right.
Alabama's "Stand Your Ground" laws are codified primarily in Section 13A-3-23 of the Alabama Code, which addresses the use of force in defense of oneself or others, and the related procedural protections for individuals asserting such a defense. These laws expand traditional self-defense principles by eliminating the duty to retreat in certain circumstances and granting immunity from prosecution when specific conditions are met.
Let’s break down the elements of the statute. This is a general interpretation of the law, but does not include each caveat or situation that provides immunity.
A person is justified in using physical force upon another person to defend himself or another person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person if the person reasonably believes that another person is:
Using or about to use deadly force;
Committing burglary while using force against another;
Committing or about to commit: kidnap, rape, assault, burglary, robbery, or sodomy in any degree.
Immunity does not apply, however, if the person to which force is applied is:
Legally allowed to be in that dwelling, residence, or vehicle;
The dwelling being burglarized is being used for illegal activities;
A law enforcement officer acting in their official capacity.
The person engaging in self-defense had a right to be in that place.
The person using self-defense was not engaged in unlawful activity.
The person using self-defense was not the initial aggressor.
If you meet the requirements of immunity, your attorney will file a motion to the Court, asking for a dismissal or to set the matter for a hearing. This is unlike a jury trial where the State has the burden of proof. In an Immunity Hearing, the Defendant is tasked with convincing the Court by a preponderance of the evidence that he is immune from prosecution. This proceeding does not happen in front of a jury and, rather, is done in a similar setting as a bench trial, with the judge being the fact finder.
As the burden-bearing party, the Defendant will put on his evidence first. This may include a defendant testifying on his own behalf, calling law enforcement to the stand, or introducing pieces of a evidence such as pictures and videos. The State then gets the opportunity to cross-examine any of the defense witnesses. Once the defense rests, the State may put on whatever evidence it deems appropriate. At the conclusion of both parties presenting evidence, each side will argue its position and the judge will rule.
It is important to note - even if a judge does not grant immunity, the Defendant can still argue self-defense at the trial.
Alabama's Stand Your Ground laws provide robust protections for individuals using force in self-defense. However, successfully asserting these protections requires careful legal strategy and a thorough understanding of statutory and case law nuances. These laws balance individual rights with public safety, reflecting the state’s strong stance on personal defense. It is important that you hire an attorney experienced in the criminal laws regarding self-defense.
If you think this may apply to you, give us a call at (334) 339-0667 today and let us start building your self-defense claim.