Turn your television on and tune in to your favorite news channel. It’s unlikely you’ll have to wait too long before the topic of gun control arises. The discussion is one being had around the world primarily due to the increased number of mass shootings but also as a result of numerous fatal shootings involving individuals claiming self-defense. The laws regarding self-defense vary from state to state. Considerations like “necessary use of force” and one’s “duty to retreat” help define self-defense and, depending on one’s interpretation, can be the difference between someone justifiably protecting himself and being sent to prison.
If someone were to enter your home unlawfully, do you know if you have the right to use deadly force, or are you required to retreat? The average person doesn’t find out the answer to this question until after it’s too late. It’s essential to know your rights as a Louisiana resident, even more so if you’re a gun owner. It is crucial to understand the laws governing self-defense in Louisiana, as they outline the legal framework and specific restrictions regarding the use of self-defense tools like stun guns and TASERs. Join us as we look into Louisiana’s self-defense laws and how they apply to you.
What is Self-Defense?
The term ‘self-defense’ defines one’s legal right to protect him or herself from harm under qualifying circumstances. Courts at the federal and state level accept self-defense claims. The Code of Criminal Procedure outlines the lawful parameters under which self-defense can be claimed, emphasizing how an offender’s actions may be legally justified under certain circumstances. The sustainability of the claim relies heavily on whether there was an immediate threat of harm and if the fear of harm was reasonable, among others.
Definition and Principles of Self-Defense in Louisiana
Self-defense is a fundamental legal right in Louisiana, allowing individuals to protect themselves from harm under specific circumstances. Governed by the Louisiana Revised Statutes (RS) 14:21, the principles and conditions under which self-defense can be claimed are clearly outlined.
Immediate Threat
The law warrants self-defense in response to both verbal and physical threats of violence; however, a verbal threat alone does not justify self-defense if it is not accompanied by threats of immediate harm. Another area to consider is the immediacy of the threat. Once the threat ends, one cannot claim any following violent actions to be in self-defense unless they withdraw from the conflict in such a manner that makes their intention to cease hostilities clear to the adversary.
Fear of Harm
One can also claim self-defense in situations where there may not have been any immediate harm or threat of harm. In defining self-defense, the law references whether a “reasonable person” would’ve seen the same actions as an immediate threat of physical harm.
An aggressor cannot claim self-defense unless they withdraw from the conflict in good faith, ensuring that their adversary is aware of their intention to disengage and stop the altercation.
A self-defense claim will stand if the court concludes that a reasonable person in the same situation would have acted similarly.
Duty to Retreat
‘Duty to retreat’ is the verbiage used in many states’ self-defense laws. Having the duty to retreat means that one must first attempt to flee the situation before using lethal force. In states where there is a duty to retreat, one cannot claim self-defense when he or she uses deadly force without initially attempting to flee.
It is acceptable to intervene and protect a person attacked if it is clear that the attacked individual could have relied on similar means of defense themselves. In 2005, Florida lifted the duty to retreat and allowed individuals to stand their ground. Soon thereafter, Louisiana and over 20 other states followed suit.
Louisiana Castle Doctrine
Before stand-your-ground laws caught on in Louisiana, the castle doctrine was the law of the land. These self-defense statutes gave individuals the right to use lethal force to protect themselves when they are on their property. The law considers one’s car and home to be one’s “castle,” which makes use of deadly force in self-defense warranted in both instances.
Such intervention is deemed necessary when it is reasonably believed that the person being defended could also justifiably respond with force.
The Louisiana Castle doctrine expanded the scope of justifiable homicide, but it did nothing to protect individuals who felt threatened away from their property. The implementation of stand-your-ground laws added to the castle doctrine and introduced an unprecedented amount of protection for individuals who use lethal force or otherwise in self-defense.
Louisiana Stand Your Ground Laws
Louisiana’s stand-your-ground laws are the exact opposite of the former duty to retreat. RS 14:19(c) of the Louisiana Criminal Code states:
“A person who is not engaged in an unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.”
It is acceptable to employ such means if it is clear that the person under attack would have had the right to do so themselves, highlighting the necessity of intervening to ensure the other person’s safety.
The statute continues to say that a judge may not consider the possibility of retreat to determine whether or not the person used force justifiably. Stand your ground differs from many of the self-defense laws to come before it, as it permitted individuals to use deadly force in any situation when they feel an immediate threat of danger and not only in their homes or cars.
Asserting a Self-Defense Claim? Contact The John D. & Eric G. Johnson Law Firm Today!
When claiming self-defense, one must be able to establish and prove four very fundamental elements: an unprovoked attack, imminent injury or death, a reasonable degree of force, and reasonable fear of injury. One’s ability to prove all of these in court can be the difference between walking free and facing homicide charges.
It’s best to prepare yourself for a potential legal battle by acquiring a seasoned criminal defense lawyer. Louisiana criminal defense attorney Eric G. Johnson with the John D. & Eric G. Johnson Law Firm is a highly respected lawyer who has experience representing individuals facing a range of criminal charges. Eric can analyze the facts of your case, inform you of your options, and provide sound criminal defense to all presented charges. Contact us today at 318-377-1555 for a free case evaluation.