Alabama’s Stand Your Ground Statute

Alabama’s self-defense statute states that “[a] person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she 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 pursuant to subdivision (5), if the person reasonably believes that another person is: “

(1) Using or about to use unlawful deadly physical force.”§ 13A-3-23(a)(1), Ala. Code 1975. Yet, a person is never justified in using “physical force” in defense of self or a third person if:”

• With intent to cause physical injury or death to another person, he or she provoked the use of unlawful physical force by such other person.”
• He or she was the initial aggressor, except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.§ 13A-3 -23(c), Ala. Code 1975.

In sum, if a person

• is justified in using physical force, including deadly physical force, under § 13A-3-23(a),
• is not engaged in the behavior described in § 13A-3-23(c),
• and can either stand his or her ground under § 13A-3-23(b) or complies with the common-law duty to retreat, that person “is immune from criminal prosecution and civil action for the use of such force.” § 13A-3-23(d)(1), Ala. Code 1975.

When a person claims that he or she is entitled to immunity under § 13A-3-23(d)(1), the burden rests solely on that person to “show by a preponderance of the evidence that he or she is immune from criminal prosecution.” § 13A-3-23(d)(2), Ala. Code 1975. Contact our Birmingham Alabama Stand Tour Ground Attorney at (205) 823-7233 today!

Alabama’s self-defense statute provides that a person who is an “initial aggressor” is not justified in using deadly physical force unless that person “withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.” § 13A-3-23(c)(2), Ala. Code 1975.

In Alabama, the ‘Stand Your Ground’ law is a self-defense statute that relieves an individual of a duty to retreat before using force to defend themselves. This law is codified in Section 13A-3-23 of the Alabama Code.

Under this statute, a person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person. The individual has the right to use a degree of force which he or she reasonably believes to be necessary for the purpose.

Furthermore, a person is justified in using deadly physical force, and does not have a duty to retreat, if the person reasonably believes that another person is:

• In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, or occupied vehicle.
• Attempting to remove, or has removed, a person against his or her will from any dwelling, residence, or occupied vehicle.
• Using or about to use unlawful deadly physical force.

However, the law also specifies that the use of deadly physical force is not justified if the person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle.

If you find yourself in a situation where you need to apply the ‘Stand Your Ground’ law, it’s crucial to seek legal counsel. At The Stoves Law Firm, P.C., we can assist you in understanding and navigating these complex legal issues. Contact our Birmingham Alabama Stand Tour Ground Attorney at (205) 823-7233 today!