What is the Stand Your Ground Law?

Tennessee’s Stand Your Ground law means you don’t have to retreat before defending yourself when the legal requirements for self-defense are met. But that doesn’t mean you can use any amount of force in any confrontation. The law still sets limits on when force is justified.

Burch & Stewart Attorneys provides criminal defense representation in Manchester and Middle Tennessee. If you acted in self-defense and are now facing charges, we’ll explain when Tennessee law allows you to stand your ground and what those protections could mean for your case.

You Don’t Have to Retreat Before Defending Yourself 

The basic idea behind Tennessee’s Stand Your Ground law is that you don’t have to run away from a threat before defending yourself. This can apply at home or in places such as a store, parking lot, or workplace, as long as you’re legally allowed to be there.

The law doesn’t apply if you’re committing a felony or Class A misdemeanor when the confrontation happens. That could include conduct such as aggravated assault or burglary, as well as certain misdemeanor offenses such as assault. 

When Does Tennessee Law Allow You to Use Force?

Even when you don’t have to retreat, the force you use must still be justified. Tennessee allows you to defend yourself when you reasonably believe force is immediately necessary to protect against someone else’s use or attempted use of unlawful force.

Deadly force, meaning force intended or likely to cause death or serious bodily injury, is limited to situations involving an imminent danger of:

• Death

• Serious bodily injury

• Grave sexual abuse

The danger can be real or something you honestly believed was real at the time, but that belief must have reasonable grounds. In other words, the law looks at what you believed was happening during the confrontation and whether there was a reasonable basis for that belief.

What Happens When Self-Defense Is Disputed?

Saying you acted in self-defense doesn’t necessarily prevent an investigation or criminal charges. Police and prosecutors can look at what happened before and during the confrontation to determine whether they believe the use of force was justified.

Evidence such as surveillance video, text messages, injuries, and witness accounts can help establish what happened. If charges are filed, self-defense can be raised as part of the defense to challenge the state’s claim that your actions were unlawful.

Accused of a Crime After Defending Yourself?

When prosecutors dispute a claim of self-defense, the details of the confrontation become central to the case. Burch & Stewart Attorneys can examine evidence showing how the confrontation began, the threat you faced, and what was happening when you used force. We can then evaluate whether Tennessee’s self-defense protections apply and build the defense around the facts of your case. 

If you’re facing charges after defending yourself in Manchester, Tennessee, call 803-779-3363 or send us a message through our contact form to talk with our firm about your defense.