Indiana’s stand-your-ground law outlines the circumstances in which individuals are legally justified in using force, including deadly force, to defend themselves, others or their property without the obligation to retreat. The law states that a person can use reasonable force, including deadly force, if they reasonably believe it is necessary to prevent serious bodily injury or the commission of a forcible felony against themselves or another person.
A major feature of Indiana’s stand-your-ground law is that there is no “duty to retreat.” Traditionally, some states required individuals to attempt to avoid confrontation if it was safe to do so before resorting to force. But in Indiana, if an individual perceives a threat of serious bodily harm or death, they may stand their ground and use appropriate force, even if retreat is possible.
Indiana law incorporates the “castle doctrine,” which extends the justifiable use of force to the defense of one’s dwelling or occupied vehicle. If someone unlawfully enters or is attempting to enter a dwelling, the resident may use force, including deadly force, without the obligation to retreat.
The belief in the necessity of force must be reasonable. It is not enough to simply claim to have been afraid. Reasonableness is typically determined by the facts and circumstances surrounding each incident, as evaluated by police, prosecutors and, if charges are filed, by a judge or jury.
The stand-your-ground law distinguishes between the use of reasonable force and deadly force. The latter can only be used in certain situations, such as:
- To prevent a person’s own serious bodily injury or death
- To prevent another’s serious bodily injury or death
- To prevent the commission of a forcible felony
Deadly force is not justified in response to non-violent crimes, such as trespassing, theft or vandalism.
Once it is determined that the use of force was justified under Indiana’s stand-your-ground law, the individual is immune from criminal prosecution and civil liability. This means the person who used justified defensive force cannot be convicted of murder, manslaughter or assault under those circumstances, nor can they be held liable for damages by the person against whom force was used.
However, each case is evaluated on its specific facts, and misuse or misinterpretation of the law can still result in criminal charges. If you are charged with illicit use of force resulting in harm or death to another person, you need representation by an experienced criminal defense attorney.
The Law Offices of Ryan E. Lackey in Fort Wayne is experienced in building solid defenses to criminal charges. For a free consultation, please contact the firm online or call us at 260-222-7364.
