Some states in America allow people to use deadly force when necessary to defend against attacks like:
- Deadly force
- Serious injury
- Rape
- Kidnapping
- Robbery
Each stand your ground state will have a different list of the types of attacks that may be defended with deadly force. These states are called stand your ground states, and the opposite side of the spectrum is a duty to retreat state. A duty to retreat state requires you to seek non-deadly resolutions first.
It is important to note that even in stand your ground states, the aggressor cannot invoke this law; it can only be used in self-defense. Likewise, someone who is doing something illegal at the time they are attacked cannot invoke this law.
Some states also have castle doctrine laws that allow people to protect their homes with deadly force and remove any duty to retreat. These are used by both stand your ground states and duty to retreat states.
Which States Are Stand Your Ground States?
- West Virginia
- Utah
- Texas
- Tennessee
- South Dakota
- South Carolina
- Pennsylvania
- Oklahoma
- North Carolina
- New Hampshire
- Nevada
- Montana
- Missouri
- Mississippi
- Michigan
- Louisiana
- Kentucky
- Kansas
- Indiana
- Idaho
- Georgia
- Florida
- Arizona
- Alaska
- Alabama
Duty to Retreat States
The opposite to a stand your ground state is a duty to retreat state. These states require people to retreat instead of using deadly force if retreating will avoid the danger. This applies to people acting in self-defense or defending others from an attack.
If your state is a duty to retreat state, then you cannot use deadly force if there is an option to walk away. The law does provide exceptions for people who are pinned down or cornered and therefore cannot retreat. In those cases, they may use appropriate force to defend themselves. Most of these states will also not impose a duty to retreat for home invasions.
The following states are duty to retreat states:
- Connecticut
- Delaware
- Hawaii
- Maine
- Maryland
- Massachusetts
- Minnesota
- Nebraska
- New Jersey
- New York*
- Rhode Island
- Wisconsin
*New York does not impose a duty to retreat in the cases of sexual assault, kidnapping, burglary, or robbery.
Restrictions In Stand Your Ground States
Stand your ground states still require a reasonable and proportional use of force when responding to a threat. The person using self-defense must not be involved in illegal activity or have instigated the altercation.