Self-Defense Laws in Alabama
Whether Alabama has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: Stand your ground. "A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her… Ala. Code 1975 § 13A-3-23(b); Malone v. State, 221 So. 3d 1153 (Ala. 2016); Fuller v. State, 231 So. 3d 1207 (Ala. Crim. App. 2015)
| Stand your ground / duty to retreat | Stand your ground. "A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground." A person who does not meet these conditions (for example, one engaged in unlawful activity related to the situation) keeps the common-law duty to retreat if retreat is possible with complete safety. Quoted from the Alabama Pattern Jury Instruction on self-defense (deadly physical force). |
|---|---|
| Castle doctrine (defending your home) | A person is legally presumed to be justified in using deadly physical force if he or she reasonably believes another person is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, business property, or occupied vehicle, or is attempting to remove, or has forcefully removed, a person against his or her will from any of those places, and knows or has reason to believe an unlawful and forcible entry or act is occurring. Deadly force is also justified against someone using or about to use physical force against an occupant of a dwelling while committing or attempting burglary, and against someone using force against an owner, employee or other authorized person on business property closed to the public while committing certain violent crimes. The presumption does not apply if the person against whom force is used has the right to be in or lawfully lives in the dwelling, residence or vehicle (such as an owner or lessee) and there is no domestic violence protection injunction or written no-contact pretrial order against that person; if the person being removed is a child or grandchild or otherwise in the lawful custody of the person against whom force is used; if the person using force is engaged in unlawful activity or using the place to further unlawful activity; or if the person against whom force is used is a law enforcement officer acting in the performance of official duties. Source: Ala. Code 1975 § 13A-3-23(a) |
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FAQ
Is Alabama a stand your ground state?
Stand your ground. "A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground." A person who does not meet these conditions (for example, one engaged in unlawful activity related to the situation) keeps the common-law duty to retreat if retreat is possible with complete safety.
Does Alabama have a castle doctrine?
A person is legally presumed to be justified in using deadly physical force if he or she reasonably believes another person is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, business property, or occupied vehicle, or is attempting to remove, or has forcefully removed, a person against his or her will from any of those places, and knows or has reason to believe an unlawful and forcible entry or act is occurring. Deadly force is also justified against someone using or about to use physical force against an occupant of a dwelling while committing or attempting burglary, and against someone using force against an owner, employee or other authorized person on business property closed to the public while committing certain violent crimes. The presumption does not apply if the person against whom force is used has the right to be in or lawfully lives in the dwelling, residence or vehicle (such as an owner or lessee) and there is no domestic violence protection injunction or written no-contact pretrial order against that person; if the person being removed is a child or grandchild or otherwise in the lawful custody of the person against whom force is used; if the person using force is engaged in unlawful activity or using the place to further unlawful activity; or if the person against whom force is used is a law enforcement officer acting in the performance of official duties.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.