The issue of self-defense has been in the news lately, with many cases involving citizens using deadly force to defend themselves and their property from potential crimes. Each state has their own laws on when people can use force to protect themselves, their families, and their homes. Kentucky is no different with a law that has become known as the “stand your ground” law. As its name implies, this law governs situations in which a person may use force, including deadly force. As such, it will have an impact on prosecutors and defendants in cases where civilians use deadly force in Kentucky. If you are ever in this type of situation where you used deadly force, an experienced Kentucky criminal defense attorney can help represent you under the stand your ground law.
What is the Kentucky Stand Your Ground Law?
The stand your ground law allows you to use force including deadly force (such as using firearms) in places where you have a legal right to be. This is different from the prior law under which you had a duty to retreat or attempt to leave before using force. So, if you are in your home, your place of business, or your car, you do not have to retreat. Furthermore, the law will apply to other places where you are legally present.
There is a distinction present in the law. While you can use force to defend yourself and others from any unlawful physical force, the use of deadly force, including firearms, is limited to certain circumstances. These are specific to certain crimes including ones that could cause your death or that of another person, any serious physical injury, kidnapping, rape or sexual assault by threat or force, a home invasion, and any felony involving force. So, for example, if someone tries to steal a briefcase, you cannot use deadly force to protect your property or that of another person.
How Does the Kentucky Stand Your Ground Law Affect Prosecutors?
In a case where a person uses physical force and claims self-defense, the burden of proof is now on the prosecutor. In the past, the defendant had to prove that he or she was justifiably acting in self-defense in using force. The stand your ground law contains a presumption of reasonableness that the prosecutor must overcome in order to show that the defendant did not act in self-defense in using force.
How Does the Kentucky Stand Your Ground Law Affect Defendants?
In addition to shifting the burden of proof to the prosecutor to show that the defendant did not act in self defense, the stand your ground law has other provisions that can help a defendant charged with the unlawful use of force in Kentucky.
If a person uses force against someone who has entered or attempted to enter the person’s residence or occupied vehicle, the law presumes that the individual was intending to commit an unlawful act. This is a major change, as in the past, defendants had to provide evidence that the person against whom force was used intended to commit a crime. In addition, any forceful entry into your occupied vehicle is presumed to be a threat to your safety. This creates a secure zone inside your car, truck, boat or other vehicle that is akin to being inside of your home.
The stand your ground law also affects the use of force in cases of domestic violence. If a defendant has suffered spousal abuse or other forms of violence from the person they are charged with using force against, the defendant has the right to provide evidence of prior acts of domestic violence. This will allow the defendant to claim that he or she had a presumption of fear when confronted by the other person that justifies the use of force under the stand your ground law.
If You Have Used Force Under the Stand Your Ground Law, We Can Provide the Representation You Require
Kentucky’s stand your ground law provides Kentucky residents with the right to use force under certain circumstances. If you have been charged with the unlawful use of force and believe that you acted in self-defense, the experienced criminal defense attorneys at Dickman Law Office will provide you with the representation you need to protect your rights under the stand your ground law.
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