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Tuesday, February 25, 2014

Do you live in a Stand your Ground State? Do you live in a 'Retreat prior to lethal force' State?



USA AMERICA |  To help ensure that information is shared for informed decision making, Milwaukee Professionals Association LLC will publish often information about Stand your Ground for spreading the news.  

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States w/Stand your Ground law
The following information is taken from Findlaw.

Many states have enacted so-called stand your ground laws that remove the duty to retreat before using force in self-defense. Florida passed the first such law in 2005, generally allowing people to stand their ground instead of retreating if they reasonably believe doing so will "prevent death or great bodily harm."

Other states followed with laws specifically affirming one's right to defend themselves, even outside of their homes and with deadly force if necessary. The wording of the each state's laws will vary, but typically require you to have a right to be at the location. Here are the states that have passed stand your ground laws: 
  • Alabama
  • Arizona
  • Florida
  • Georgia
  • Indiana
  • Kentucky
  • Louisiana
  • Mississippi
  • Montana
  • Nevada
  • New Hampshire
  • Oklahoma
  • Pennsylvania
  • Tennessee
  • Texas
  • Utah
Note that some states have adopted stand your ground-like doctrines through judicial interpretation of their self-defense laws -- but they are not included in this list.

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Some states have self-defense laws on the books that are similar to stand your ground laws, often with at least one key difference. These laws generally apply only to the home or other real property (such as an office) and are often referred to as "castle doctrine" or "defense of habitation" laws. These states include: Idaho, Illinois, Kansas, Michigan, Oregon, South Carolina, South Dakota, Washington, and West Virginia.

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Duty to Retreat States
 On the other end of the legal spectrum, some states have laws imposing a duty to retreat. A duty to retreat generally means that you are not allowed to resort to deadly force in self-defense if it is possible to safely avoid the risk of harm or death (by running away, for example). If that is not an option, say if you were cornered or pinned down and facing serious harm or death, then you would be authorized to use deadly force in self defense. The following states impose some form of duty to retreat before using deadly self defense: 
  • Arkansas
  • Connecticut
  • Delaware
  • Hawaii
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Missouri
  • Minnesota
  • Nebraska
  • New Jersey
  • New York
  • North Dakota
  • Ohio
  • Rhode Island
  • Wisconsin
  • Wyoming
Laws on self-defense vary widely from state to state and may have minor, but crucial differences in their language and application. For an in depth understanding of self-defense laws and how they work in your state, consider contacting a local criminal law attorney.

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