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General Facts About the Alabama Stand Your Ground Law.
Alabama’s “stand your ground” does allow you to use force (and even “deadly force”) in defending yourself and your family without the obligation to retreat when faced with any perceived threat that could do you harm. This currently complex law was enacted in 2006 but has been the subject of much debate.
This “stand your ground law” has been used in numerous high-profile court cases. Many of the citizens of Alabama feel the law is fair. Still, critics often argue that it gives you far too much leeway to utilize deadly force and that it may disproportionately affect minorities. The law’s proponents say it is a necessary and soundly based legal tool for self-defense and is applied justly in most cases.
The ”stand your ground” law in Alabama, in many ways, transformed the legal approach in self-defense cases. For example, if you believe you are in imminent threat of serious bodily harm or death, you should be able to use deadly or physical force in your defense.
However, there are varying scenarios under this law that can only be legally answered by the specific facts of each unique self defense case. Using the Stand Your Ground Law, an Alabama judge has the complete authority to determine whether you are immune from civil or criminal prosecution. Before you go to trial, a hearing before the judge will decide if your self-defense actions were legal.
If the deciding judge finds that your measures were not reasonable under the circumstances, you can still make your argument to a jury of your peers at your trial.
You must keep in mind that the U.S.A. has a proud history of self-defense. However, if you find yourself in a situation where you must use force to defend yourself, the stand-your-ground law may or may not be on your side.
The best legal path to take is to consult with a qualified, professional criminal defense lawyer who fully understands this law and is experienced in its use and limitations. By doing so, your self defense lawyers will have the best chance to defend you during your hearing and before you go to trial.
Who Determines Whether the Force You Used Was Justifiable?
Suppose you had to use force or deadly force and are depending on Alabama’s stand-your-ground law for your defense. In that case, you must know that you must professionally present your evidence and sufficient proof of your actions to validate it.
For example, if it’s three in the morning, and someone breaks into your home, you can use force to defend yourself and your family. Even on the street, you can be within your rights to protect yourself with lethal force if you are legally entitled to be at the place you are and did not instigate the aggression.
However, what’s critical to note is that before you go before a judge, an experienced, knowledgeable, and thorough criminal defense lawyer must gather evidence, police reports, witness testimony, etc., to prove to the judge you acted within your rights.
The presiding judge will thoroughly analyze your case and determine that your actions comply with Alabama Code 1975 § 13A-3-23 before you appear for your hearing. The presiding judge in your case has the full legal authority to decide whether your actions were justified according to Alabama’s stand-your-ground law. If the judge agrees that your actions were justified, the court will rule that you are immune from further prosecution.
What Is a “Reasonable” Threat Under the Stand Your Ground Law.
Your case and its particular and unique circumstances will be scrutinized to determine whether your use of deadly force was justified. Realistically, this is one of the critical areas where your Alabama criminal defense lawyer’s help, guidance, and aggressive nature will be invaluable for a successful outcome.
At times, the evidence is “black & white,” for example, when a person physically attempts to break into your home or business, but it is not nearly as evident in many instances.
However, just how far does it go? For example, can you shoot someone through a door if you feel threatened, and are you being placed in fear of immediate physical injury at that time?
Most people would think they have a right to take whatever action is needed to end that threat, but the presiding judge may not feel you complied with the detailed scope of the stand-your-ground law.
Most criminal self defense lawyers agree that this is an objective and “fuzzy” concept because it’s entirely based on the circumstances of your case. What’s “reasonable” in any given situation, and what’s reasonable to you, may not be to the judge at your hearing or a jury.
So, the “evidence” is commonly what wins your case, and having it prepared and presented professionally and competently by your skilled criminal defense attorney.
What Are Some Defenses To Charges Using the Stand Your Ground Law.
So, it’s a valid legal argument to use the self defense laws and reasonable force to protect yourself or a loved one from what you believe to be an immediate threat.
The critical issue in any self-defense claim is whether the force used was reasonable under the given circumstances. The stand-your-ground law is designed to be used as a defense when your response corresponds with the situation; In other words, you can’t shoot first and ask questions later.
If reasonable force is questioned, then there are other defenses your lawyer will use, such as:
- Identity – At times, the issue is not whether someone was assaulted but whether you were the one who attacked them.
- Intent – You may have harmed the other party but lacked criminal intent; the incident was an accident, etc.
- Defense of property – Sometimes, a person can use physical force to defend their home. Alabama considers a man’s home his castle (castle doctrine), and if it (or you) were threatened, you have a defense for using physical force against them.
Always note that Alabama’s stand-your-ground law is a valid and legally binding defense, but only when used and presented by a professional criminal defense lawyer who is experienced in using it correctly
I Had To Act Using the Stand Your Ground Law; What Should I Do Now?
Any time you use force, especially deadly force, and take someone’s life, it’s dire and possibly life-changing. Even if you feel that, under the circumstances, it was reasonable to act the way you did.
However, you always get two ways to present a valid and winning defense to a judge; One by using the stand-your-ground law to determine if you are immune from prosecution, criminally and civilly. If that doesn’t work, you will present the facts to a jury that can make the same determination based on the higher standard of proof by being beyond a “reasonable doubt.”
The experienced, aggressive, and winning criminal defense lawyer at Jim Golden Law has a winning history of cases. Jim will work diligently and tirelessly to uphold your constitutional and state rights.
Call a self defense lawyer today for a free case review at (866) 950-6652 and ensure you fully understand all your legal options.
