South Carolina’s Stand Your Ground Laws

South Carolina’s Stand Your Ground law allows you to legally use deadly force in self-defense without the duty to retreat. However, you must be in a place you’re legally allowed to be, and you reasonably believe you’re in danger. It also has very specific limitations and requirements, and you need to understand its nuances if you ever find yourself in a situation where you must defend yourself, other people, or your property.

But just because the law is meant to protect you doesn’t mean you’re automatically immune from legal trouble. That’s where the experience and valuable advice of our seasoned self-defense attorneys in Conway, South Carolina, can help. We can ensure your rights are protected and, if necessary, build a solid self-defense strategy for you.

What Exactly is This Law All About?

To understand the scope of the Stand Your Ground law, here are its key aspects:

No Duty to Retreat: In other states, there’s a legal duty to retreat or safely remove yourself from a dangerous situation before resorting to deadly force. The Stand Your Ground law in South Carolina removes this legal duty under specific conditions.

Using Deadly Force Reasonably: This means force that’s likely to result in severe bodily injury or death. Using deadly force is justified when you reasonably believe that you’re in imminent danger of getting injured or dying. The problem is that this is an objective standard, meaning that a reasonable individual would have had the same belief under the same circumstances. Feeling scared isn’t enough. There must be a credible threat.

Lawful Presence: You can claim self-defense under the Stand Your Ground law if you are in a location, including your house, vehicle, workplace, or any place you’re lawfully present. However, you can’t be doing anything illegal or be the initial aggressor.

Castle Doctrine: This law provides even greater legal protection when defending yourself or others in your own home because it presumes that you have a reasonable fear of imminent danger when someone enters your house unlawfully.

The key here is reasonableness. You must reasonably believe that the only way to prevent getting injured, dying, or being a victim of kidnapping, robbery, or another violent crime is to use deadly force.

What Our Skilled Defense Attorneys Can Do for You

Proving your use of deadly force was justified will require more solid evidence. The police and prosecution will meticulously scrutinize your actions to determine whether your actions were lawful and reasonable. Your self-defense lawyer can prove your actions satisfy the Stand Your Ground law’s requirements, and collect critical evidence to corroborate your claim.

They can challenge the prosecution’s case by highlighting weaknesses or inconsistencies in their version of events. If applicable, your self-defense attorney can file a pre-trial motion to dismiss your case entirely. If your case heads to trial, you can count on your attorney to vigorously represent you and protect your rights.

Our Reputable Lawyers Help Protect Your Right to Defend Yourself

When your freedom, reputation, and future are on the line, you don’t have to face the criminal justice system alone. Our Conway self-defense attorneys can help you protect them. Contact our office online or call 843-248-3177 to schedule your confidential consultation.