Indiana’s Stand Your Ground law provides a legal defense for individuals who use reasonable force to protect themselves, others or their property under specific circumstances. The law states that a person is justified in using reasonable force against another individual to protect themselves or a third person from what they reasonably believe to be the imminent use of unlawful force. Importantly, the law makes clear that an individual has no duty to retreat before using such force, provided they are in a place where they have the right to be.
The Stand Your Ground law, as codified in Indiana Code 35-41-3-2, covers these situations:
- Self-defense — If an individual reasonably believes that force is necessary to protect themselves from the immediate threat of harm or unlawful aggression, they are entitled to use such force. This provision applies regardless of whether or not the perceived aggressor is armed.
- Defense of others — Similar to self-defense, if a person believes that another individual is in imminent danger of harm or unlawful force, that person can intervene using reasonable force to prevent harm.
- Prevention of unlawful entry or attack on property — The law extends to the defense of one’s dwelling, attached property or an occupied vehicle. Individuals do not have to retreat if they face an unlawful intrusion or attack in these environments. They are justified in using such force as is necessary to prevent or terminate the unlawful and forceful entry or attack.
While the Stand Your Ground law provides broad protections, it also sets limits on the use of force. The force employed must be reasonable under the circumstances. Reasonableness is determined by what an average person would believe to be necessary in a similar situation.
The law also allows deadly force to be used in certain conditions, namely if the individual reasonably believes that such force is necessary to prevent serious bodily injury to themselves or another person or to prevent the commission of a forcible felony. Similarly, deadly force can be used to prevent or terminate an unlawful and forceful entry into a dwelling, an occupied vehicle or another occupied structure if the individual reasonably believes that the force is necessary to prevent an attack on themselves or another person in the dwelling or vehicle.
The Stand Your Ground law provides a defense to criminal prosecution, but the burden is on the defendant to prove the defense is justified. An experienced Indiana criminal defense attorney can help by amassing all available evidence in support, including witness statements, forensic evidence and any history of hostile behavior by the aggressor against whom force was used.
The Law Offices of Ryan E. Lackey in Fort Wayne provides quality, effective assistance of counsel in criminal cases across Indiana. For a free consultation, please contact us online or call us at 260-222-7364.
