Stand Your Ground Laws by State (2026)
Which states have a stand your ground law and which require you to retreat before using deadly force, from each state's statute.
| State | Stand your ground / duty to retreat |
|---|---|
| Alabama | 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. 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) |
| Alaska | Stand your ground for crimes occurring after September 18, 2013. A defendant may not use deadly force in self-defense if the defendant knows that, with complete personal safety and with complete safety as to others being defended, the defendant can avoid the necessity of using deadly force by leaving the area of the encounter; however, there is no duty to leave the area if the defendant is in any other place where the defendant has a right to be (in addition to the home, workplace and other listed situations). AS 11.81.335; Alaska Criminal Pattern Jury Instruction 11.81.335 (Revised 2014) |
| Arizona | Stand your ground. A person has no duty to retreat before threatening or using deadly physical force in self-defense if the person is in a place where the person may legally be and is not engaged in an unlawful act. Separately, there is no duty to retreat before threatening or using physical force or deadly physical force to prevent listed serious crimes (such as arson of an occupied structure, burglary, kidnapping, murder, sexual assault, armed robbery and certain aggravated assaults), and that rule applies in a home, residence, place of business, land the person owns or leases, any conveyance, and any other place in this state where a person has a right to be. A.R.S. §§ 13-405(B), 13-411(B), (D) |
| Arkansas | Stand your ground (Act 250 of 2021). A person is not required to retreat before using deadly physical force if the person: is lawfully present at the location; reasonably believes the person against whom the force is used is imminently threatening to cause death or serious physical injury to the person or another person; is not the initial aggressor and has not provoked that person (subject to the withdrawal exception); is not committing felon-in-possession of a firearm (§ 5-73-103) with the firearm used, unless in or at the person's dwelling or its curtilage; is not engaged in criminal activity that gives rise to the need for deadly force; and is not acting in furtherance of a criminal gang, organization or enterprise. A similar no-retreat rule applies to non-deadly physical force. Ark. Code §§ 5-2-606(c), 5-2-607(b) (Act 250 of 2021) |
| California | Stand your ground (case law and the standard jury instruction). California's pattern self-defense instruction tells jurors: "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/bodily injury/<insert crime>) has passed." CALCRIM No. 3470 (Judicial Council of California Criminal Jury Instructions), as quoted in M.W. v. Superior Court (Cal. Ct. App., 1st Dist., filed 8/18/26, A174792) |
| Colorado | No duty to retreat, based on Colorado Supreme Court case law rather than a statute: the court has recognized a 'no duty to retreat' doctrine (People v. Toler, 9 P.3d 341, 348 (Colo. 2000)). The self-defense statute allows deadly physical force only if a person reasonably believes a lesser degree of force is inadequate and reasonably believes he or another person is in imminent danger of being killed or of receiving great bodily injury (or the other person is committing listed violent crimes such as burglary of an occupied dwelling or business, kidnapping, robbery, sexual assault or certain assaults); the justification is lost by a person who provokes the force or is the initial aggressor and does not withdraw, or who engages in combat by agreement. C.R.S. § 18-1-704; People v. Toler, 9 P.3d 341 (Colo. 2000), as cited in Moreno v. Circle K Stores, Inc., 2026 CO 46 |
| Connecticut | Connecticut has a duty to retreat. A person is not justified in using deadly physical force if he or she knows that the necessity of using it can be avoided with complete safety by retreating, except that the actor is not required to retreat if he or she is in his or her dwelling or place of work and was not the initial aggressor, or is a peace officer or a private person assisting a peace officer at the officer's direction. Deadly force is also not justified if the person knows it can be avoided by surrendering property to a person claiming a right to it, or by complying with a demand to abstain from an act the person is not obligated to perform. Conn. Gen. Stat. § 53a-19(b) |
| Delaware | Delaware has a duty to retreat in public. The use of deadly force in self-protection is not justifiable if the defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating (or by surrendering property to a person claiming it, or by complying with a demand to refrain from an act the defendant is not legally required to do). The defendant is not obliged to retreat in or from the defendant's dwelling, and is not obliged to retreat in or from the defendant's place of work unless the defendant was the initial aggressor. Deadly force is also not justifiable if the defendant, with the purpose of causing death or serious physical injury, provoked the use of force in the same encounter. 11 Del. C. § 464(e) |
| Florida | Florida is a stand-your-ground state. A person is justified in using or threatening deadly force if he or she reasonably believes it is necessary to prevent imminent death or great bodily harm to himself, herself or another, or the imminent commission of a forcible felony; a person who uses or threatens deadly force under this section 'does not have a duty to retreat and has the right to stand his or her ground' if not engaged in criminal activity and in a place where he or she has a right to be. A person whose force is justified is immune from criminal prosecution and civil action (§ 776.032(1)); at a pretrial immunity hearing, once a prima facie claim of self-defense is raised, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity (§ 776.032(4)). Fla. Stat. §§ 776.012(2), 776.032 |
| Georgia | Georgia has a stand-your-ground law. A person who uses threats or force in defense of self or others (§ 16-3-21), of a habitation (§ 16-3-23) or of other property (§ 16-3-24) 'has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.' A person who uses force justified under these sections is immune from criminal prosecution, unless, in using deadly force, the person used a weapon that it was unlawful for him or her to carry or possess. O.C.G.A. §§ 16-3-23.1; 16-3-24.2 |
| Hawaii | Hawaii has a duty to retreat outside the home and workplace. Deadly force is not justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it, or by complying with a demand to abstain from an action he has no duty to take — except that the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be. Haw. Rev. Stat. § 703-304(5)(b) |
| Idaho | Idaho is a stand-your-ground state by statute: a person "need not retreat from any place that person has a right to be" and may use force that would appear necessary to a reasonable person in a similar situation, judged without hindsight. The statute also says no one may be placed in legal jeopardy for lawfully defending themselves or others, and places the burden on the prosecution in criminal cases. Idaho Code § 19-202A(1), (3), (4) |
| Illinois | Illinois has no duty to retreat for a person who did not start the confrontation. The Illinois pattern jury instruction states: "A person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor." The rule comes from case law (People v. Hughes, 46 Ill. App. 3d 490 (1st Dist. 1977); People v. Miller, 259 Ill. App. 3d 257 (1st Dist. 1994)). Illinois Pattern Jury Instructions (Criminal) 24-25.09X; People v. Hughes, 46 Ill. App. 3d 490 (1977) |
| Indiana | Indiana has a statutory stand-your-ground rule: a person "(1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony." The statute also says no person, employer or estate of a person shall be placed in legal jeopardy of any kind for protecting the person or a third person by reasonable means necessary. Ind. Code § 35-41-3-2(c), as quoted in Turner v. State, No. 24S-CR-147 (Ind. Mar. 12, 2025) |
| Iowa | "A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force as specified in this chapter." Reasonable force can include deadly force if it is reasonable to believe such force is necessary to avoid injury or risk to one's life or safety or that of another, and a person may be wrong about the danger as long as there is a reasonable basis for the belief and the person acts reasonably in response. Iowa Code § 704.1(1)-(3) (Iowa Code 2026) |
| Kansas | A person who is not engaged in unlawful activity and who is attacked in a place where the person has a right to be "has no duty to retreat and has the right to stand such person's ground" and use any force that would be justified under Kansas's self-defense statutes. K.S.A. 21-5230 |
| Kentucky | Kentucky has no duty to retreat. 'A person does not have a duty to retreat prior to the use of deadly physical force' (§ 503.050(4)). A person not engaged in an unlawful activity who is attacked in any other place where he or she has a right to be 'has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force,' if he or she reasonably believes it necessary to prevent death or great bodily harm to himself or herself or another or to prevent a felony involving the use of force (§ 503.055(3)). Deadly force in self-protection is justifiable only when the defendant believes it necessary to protect against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or a felony involving the use of force (§ 503.050(2)). KRS 503.050(2), (4); KRS 503.055(3) |
| Louisiana | Louisiana has no duty to retreat. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be has no duty to retreat before using deadly force under the justifiable homicide statute, and may stand his or her ground and meet force with force when using non-deadly force. In deciding whether the person reasonably believed force was necessary, the finder of fact may not consider the possibility of retreat. A homicide is justifiable in self-defense when the person reasonably believes he or she is in imminent danger of losing life or receiving great bodily harm and that the killing is necessary to save himself or herself, or to prevent a violent or forcible felony involving danger to life or great bodily harm. La. R.S. 14:19(C)-(D); R.S. 14:20(A)(1)-(2), (C)-(D) |
| Maine | Maine has a duty to retreat. A person is not justified in using deadly force in self-defense or defense of a third person if the person knows that the person or a third person can, with complete safety, 'Retreat from the encounter, except that the person or the 3rd person is not required to retreat if the person or the 3rd person is in the person's dwelling place and was not the initial aggressor' — or can, with complete safety, surrender property to a person asserting a colorable claim of right, or comply with a demand to abstain from an act the person is not obliged to perform. Deadly force is also not justified for a person who provoked the use of unlawful deadly force with intent to cause physical harm. 17-A M.R.S. § 108(2)(C) |
| Maryland | Maryland follows a common-law duty to retreat (no stand-your-ground statute was found). In Redcross v. State, the Court of Special Appeals stated that in cases in which self-defense is claimed 'the accused normally has a duty to retreat' — the accused must make all reasonable efforts to withdraw before resorting to deadly force — and quoted Lambert v. State: it is the defendant's duty, 'when defending himself outside the home, to retreat or avoid the danger if the means to do so are within his power and consistent with his safety. Where, however, the peril is so imminent that he cannot retreat safely, he has a right to stand his ground and defend himself,' language reaffirmed by the Court of Appeals in Burch v. State, 346 Md. 253 (1997). Exceptions noted include attack in one's own home, an unsafe avenue of retreat, and an avenue of retreat unknown to the accused. Redcross v. State, Md. Ct. Spec. App. No. 1440, Sept. Term 1997 (filed May 4, 1998); Burch v. State, 346 Md. 253, 282-83 (1997) |
| Michigan | Michigan has a stand-your-ground statute. 'An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat' if the individual honestly and reasonably believes that deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or another individual, or to prevent the imminent sexual assault of himself or herself or another individual. MCL 780.972(1) (Self-Defense Act) |
| Minnesota | Minnesota imposes a duty to retreat when reasonably possible; the rule comes from case law, not the statute. The Minnesota Supreme Court reads the self-defense statute (§ 609.06, subd. 1(3)) to include four elements, the fourth being 'the absence of a reasonable possibility of retreat to avoid the danger.' In State v. Blevins (July 31, 2024), the court held that this judicially created duty applies to a person claiming self-defense who committed felony second-degree assault-fear with a device designed as a weapon capable of producing death or great bodily harm. Intentionally taking a life is authorized only when necessary to resist or prevent an offense the actor reasonably believes exposes the actor or another to great bodily harm or death, or to prevent a felony in the actor's place of abode (§ 609.065). State v. Blevins, No. A22-0432 (Minn. July 31, 2024); State v. Basting, 572 N.W.2d at 285-86 (as cited in Blevins); Minn. Stat. §§ 609.06, 609.065 |
| Mississippi | Mississippi is a stand-your-ground state by statute. A person who is not the initial aggressor, is not engaged in unlawful activity, and is in a place where the person has a right to be 'shall have no duty to retreat before using deadly force' in the justified situations of § 97-3-15(1)(e) or (f), and a jury or judge may not consider the person's failure to retreat as evidence that the force was unnecessary, excessive or unreasonable (§ 97-3-15(4)). Miss. Code Ann. § 97-3-15(4) |
| Missouri | Missouri has a stand-your-ground rule. A person does not have a duty to retreat from a dwelling, residence or vehicle where the person is not unlawfully entering or unlawfully remaining, from private property owned or leased by the individual, or 'If the person is in any other location such person has the right to be' (§ 563.031.3). Deadly force is permitted when the person reasonably believes it is necessary to protect himself or herself, her unborn child, or another against death, serious physical injury, or any forcible felony (§ 563.031.2(1)). The defendant has the burden of injecting the issue of justification (§ 563.031.5). Current version effective October 14, 2016 (S.B. 656, veto overridden September 14, 2016). RSMo § 563.031 |
| Montana | Montana has a stand-your-ground rule. Except as provided in § 45-3-105, a person who is lawfully in a place and is threatened with bodily injury or loss of life 'has no duty to retreat from a threat or summon law enforcement assistance prior to using force' (§ 45-3-110). The justification is not available to a person who is attempting, committing or fleeing after a forcible felony, or who purposely or knowingly provokes the use of force against himself or herself, unless the force is so great that the person reasonably believes he or she is in imminent danger of death or serious bodily harm and 'has exhausted every reasonable means to escape the danger,' or the person withdraws in good faith and clearly indicates the desire to end the use of force (§ 45-3-105). MCA §§ 45-3-105, 45-3-110 |
| Nebraska | Nebraska has a duty to retreat outside the home and workplace. Deadly force is not justifiable unless the actor believes it is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it or complying with a demand to abstain from an action he has no duty to take. Deadly force is also not justifiable if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force in the same encounter. Neb. Rev. Stat. § 28-1409(4) |
| Nevada | Nevada has a stand-your-ground rule. A person is not required to retreat before using deadly force as provided in NRS 200.120(1) if the person: '(a) Is not the original aggressor; (b) Has a right to be present at the location where deadly force is used; and (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used' (NRS 200.120(2)). Justifiable homicide includes killing in necessary self-defense or defense of a person against one who manifestly intends or endeavors to commit a crime of violence (NRS 200.120(1)). A bare fear is not enough; the circumstances must be sufficient to excite the fears of a reasonable person (NRS 200.130). NRS 200.120, 200.130 |
| New Hampshire | New Hampshire has a stand-your-ground rule. A person is generally not justified in using deadly force if he or she knows that he or she and any third person can, with complete safety, retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor. Deadly force is not justified if, with the purpose of causing death or serious bodily harm, the person provoked the use of force in the same encounter. Deadly force may be used when the person reasonably believes the other person is about to use unlawful, deadly force against the actor or a third person, or is committing or about to commit kidnapping or a forcible sex offense, among other listed situations. Displaying a firearm or other means of self-defense to warn away a threat is not a criminal act (§ 627:4, II-a). RSA 627:4, II, II-a, III |
| New Jersey | New Jersey has a duty to retreat in public. Deadly force is not justifiable if the actor knows that he can avoid the necessity of using such force with complete safety by retreating, except that the actor is not obliged to retreat from his dwelling, unless he was the initial aggressor (§ 2C:3-4(b)(2)(b)). Deadly force is also not justifiable if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter (§ 2C:3-4(b)(2)(a)). N.J.S. 2C:3-4(b)(2) |
| New Mexico | New Mexico has no duty to retreat; the rule comes from case law and the uniform jury instructions rather than a statute. The Supreme Court-approved instruction states that a person defending against an attack, defending another, or defending property 'need not retreat' and may stand the person's ground. The committee commentary states: 'A person need not, however, retreat even though the person could do so safely,' citing State v. Horton, 1953-NMSC-044, 57 N.M. 257, 258 P.2d 371. A person may use no more force than is reasonably necessary to avoid the threatened harm. UJI 14-5190 NMRA; State v. Horton, 1953-NMSC-044 |
| New York | New York has a duty to retreat. Even when the actor reasonably believes another person is using or about to use deadly physical force, the actor may not use deadly physical force if he or she knows that with complete personal safety to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor, or is a police officer or peace officer (or a person assisting one at the officer's direction). Deadly physical force may also be used when the actor reasonably believes the other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse or robbery, or a burglary as provided in § 35.20(3). N.Y. Penal Law § 35.15(2) |
| North Carolina | North Carolina has a stand-your-ground statute. A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another, or under the circumstances permitted by G.S. 14-51.2 (home, motor vehicle, workplace). A person who uses force as permitted is justified and is immune from civil or criminal liability for the use of such force, except against a law enforcement officer or bail bondsman lawfully acting in the performance of official duties who identified himself or herself as required, or whose status the person knew or reasonably should have known. N.C. Gen. Stat. § 14-51.3 |
| North Dakota | Stand your ground. Deadly force in self-defense or defense of others is generally not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced. However, the duty to retreat does not apply to an individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used (unless the circumstances in N.D.C.C. § 12.1-05-03(2)(b) apply); such an individual is not required to retreat within or from any place the individual otherwise is legally allowed to be. N.D.C.C. § 12.1-05-07(2)(b) |
| Ohio | Stand your ground, effective April 6, 2021. For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence if that person is in a place in which the person lawfully has a right to be, and a trier of fact may not consider the possibility of retreat in determining whether the person reasonably believed the force was necessary. The same no-duty-to-retreat rule applies in civil tort actions. R.C. 2901.09(B)-(C), 2307.601 (S.B. 175, 133rd General Assembly) |
| Oklahoma | Stand your ground. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. 21 O.S. § 1289.25(D) |
| Pennsylvania | Stand your ground only in limited circumstances; otherwise a duty to retreat applies outside the home and workplace. Generally, deadly force is not justifiable if the actor knows that he can avoid the necessity of using such force with complete safety by retreating, but the actor is not obliged to retreat from his dwelling or place of work (unless he was the initial aggressor, or is assailed in his place of work by another person whose place of work the actor knows it to be). An actor who is not engaged in a criminal activity, is not in illegal possession of a firearm, and is attacked in any place where the actor would have a duty to retreat has no duty to retreat and may stand his ground and use force, including deadly force, if he has a right to be in the place where he was attacked, believes it is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat, and the attacker displays or uses a firearm or replica of a firearm, or any other weapon readily or apparently capable of lethal use. This does not apply against a peace officer acting in the performance of official duties whom the actor knew or reasonably should have known to be one. 18 Pa.C.S. § 505(b)(2), (2.3), (2.4) |
| South Carolina | Stand your ground. A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including his place of business, "has no duty to retreat and has the right to stand his ground and meet force with force," including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60. S.C. Code § 16-11-440(C) (Protection of Persons and Property Act) |
| South Dakota | Stand your ground. A person is justified in using or threatening to use deadly force if the person reasonably believes it is necessary to prevent imminent death or great bodily harm to the person or another, or to prevent the imminent commission of a forcible felony. A person acting under this section has no duty to retreat and may stand his or her ground if the person is not engaged in a criminal activity and is in a place where the person has a right to be. A person using non-deadly force in self-defense against imminent unlawful force likewise has no duty to retreat. SDCL 22-18-4, 22-18-4.1 |
| Tennessee | Stand your ground. A person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if the person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse; the danger creating the belief is real, or honestly believed to be real at the time; and the belief is founded upon reasonable grounds. The same no-retreat rule applies to non-deadly force the person reasonably believes is immediately necessary to protect against another's unlawful force. A person who is engaged in the activity or in the place because of status as a victim of human trafficking is treated as not engaged in unlawful conduct and as in a place where the person has a right to be (status must be proven by clear and convincing evidence, which may be provided through testimony). Tenn. Code Ann. § 39-11-611(b)(1)-(3) |
| Texas | Stand your ground. A person who has a right to be present at the location where force is used, who has not provoked the person against whom force is used, and who is not engaged in criminal activity at the time force is used "is not required to retreat before using force," and the same applies before using deadly force. In determining whether the actor reasonably believed force or deadly force was immediately necessary, a finder of fact "may not consider whether the actor failed to retreat." Deadly force is justified when the actor reasonably believes it is immediately necessary to protect against the other's use or attempted use of unlawful deadly force, or to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. Tex. Penal Code §§ 9.31(e)-(f), 9.32(a), (c)-(d) |
| Utah | Stand your ground. Except for an aggressor or a person engaged in combat by agreement who has not withdrawn, an individual does not have a duty to retreat from the force or threatened force in a place where that individual has lawfully entered or remained, and the failure to retreat is not a relevant factor in determining whether the individual acted reasonably. Deadly force is justified only if the individual reasonably believes it is necessary to prevent death or serious bodily injury to the individual or another individual as a result of imminent use of unlawful force, or to prevent the commission of a forcible felony. Force is not justified for an individual who initially provokes force as an excuse to inflict harm, or who is attempting to commit, committing, or fleeing after a felony (unless the force is a reasonable response to unrelated factors). Utah Code § 76-2-402(2)-(4) |
| Virginia | No statute; the rule comes from case law. Virginia recognizes two forms of self-defense. Justifiable self-defense: a person without any fault in provoking or bringing on the difficulty who kills under reasonable apprehension of death or great bodily harm need not retreat, but is permitted to stand his ground and repel the attack by force, including deadly force, if it is necessary. Excusable self-defense: a person who was in some fault in provoking or bringing on the difficulty must, when attacked, retreat as far as possible and announce a desire for peace before killing in self-defense. Bailey v. Commonwealth, 200 Va. 92, 96 (1958); McCoy v. Commonwealth, 125 Va. 771, 775 (1919); as quoted in Horne v. Commonwealth, Record No. 1267-22-1 (Va. Ct. App. Dec. 28, 2023) (unpublished) |
| Washington | No duty to retreat (case law). 'The law is well settled that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.' A no-duty-to-retreat jury instruction should be given when sufficient evidence supports it. By statute, homicide is justifiable in lawful defense of the slayer, a family member or anyone in the slayer's presence or company when there is reasonable ground to apprehend a design to commit a felony or to do great personal injury and imminent danger of such design being accomplished. State v. Redmond, 150 Wn.2d 489, 493 (2003), as quoted in State v. Hanson, No. 39038-1-III (Wash. Ct. App. 2024) (unpublished); RCW 9A.16.050(1) |
| West Virginia | Stand your ground. A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker; deadly force may be used without a duty to retreat only if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker. The section does not authorize resisting or obstructing a law enforcement officer acting in the performance of duties. W. Va. Code § 55-7-22(c), (g) |
| Wisconsin | No statutory duty to retreat, but retreat can be considered. A person may use force intended or likely to cause death or great bodily harm only if the person reasonably believes it is necessary to prevent imminent death or great bodily harm. 'While there is no statutory duty to retreat, whether the opportunity to retreat was available goes to whether the defendant reasonably believed the force used was necessary to prevent an interference with the defendant's person.' A person who provokes an attack through unlawful conduct may use deadly force only after reasonably believing he or she has exhausted every other reasonable means to escape or avoid death or great bodily harm. Wis. Stat. § 939.48(1), (2); State v. Wenger, 225 Wis. 2d 495, 593 N.W.2d 467 (Ct. App. 1999) (statutory annotation) |
| Wyoming | Stand your ground. A person who is attacked in any place where the person is lawfully present shall not have a duty to retreat before using reasonable defensive force, provided that he is not the initial aggressor and is not engaged in illegal activity. Defensive force is reasonable when it is the force a reasonable person in like circumstances would judge necessary to prevent an injury or loss, and no more, including deadly force if necessary to prevent imminent death or serious bodily injury to the person or another; 'necessary to prevent' includes an honest belief that the danger exists, whether real or apparent. A person who uses reasonable defensive force shall not be criminally prosecuted for that use of force. W.S. 6-2-602(a), (e), (f) |
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.