The Stand Your Ground Defense in Missouri. The Stand Your Ground law in Missouri allows you to use force – including deadly force – without the obligation to retreat if you are lawfully present and reasonably believe you are facing an imminent threat of serious harm or death. However, just because the law provides this protection doesn’t mean it’s straightforward to apply as a defense to criminal charges.
Missouri courts take into consideration numerous factors when determining whether your use of force was justified, including the perceived threat, the proportionality of the response, and the circumstances surrounding the incident. This is precisely why you need a skilled Combs Waterkotte criminal defense attorney on your side.
The Combs Waterkotte legal team will make sure your actions align with the legal thresholds required to invoke this defense and work to prove that your use of force was reasonable given the situation. This in-depth legal knowledge is crucial when your rights, your future, and your livelihood are on the line.
Stand-Your-Ground Laws vs. the Castle Doctrine as Defenses in Missouri
Both stand-your-ground laws and the Castle Doctrine are affirmative defenses to criminal charges in St. Louis and throughout Missouri. The main difference is location. The castle doctrine is based on English common law, stemming from the idea that “one’s home is one’s castle, and one has the right to defend it.” Stand-your-ground laws apply when you face a threat of violence in other locations, like in a park or on a public street. Generally, these laws also allow you to defend yourself and others from serious bodily harm with no duty to retreat.
This no duty to retreat is particularly important in stand-your-ground laws. While it might seem to make a bit more sense in the Castle Doctrine, where you are protecting your property and the people within, it is in fact the same principle in the Stand Your Ground defense. Provided you reasonably fear your life is in danger, you do not have to try to run away from the situation or the actual individual, even in a public area. You can use deadly force to protect yourself.
Missouri’s Stand-Your-Ground Law Applies to Protecting Others
If you have reason to believe that someone else’s life is in imminent danger, the stand-your-ground law in Missouri allows you to use force to protect said individual. The other person’s actions, age, size, and other factors must reasonably create this fear of imminent harm.
Before you find yourself in a sketchy scenario, you should understand the ins and outs of the stand-your-ground law from a professional legal mind. Schedule a one-on-one case review with a Combs Waterkotte criminal defense attorney who can provide advice and guidance on next steps. Our skilled lawyers have a firm grasp and decades of experience on the finepoints of Missouri’s stand-your-ground law and related gun laws, so you can rely on us for any questions you may have.
What Does it Take to Prove a Stand-Your-Ground Defense in Missouri?
To prove that you acted in self-defense in a situation, your Combs Waterkotte defense attorney needs to prove three key things:
- The threat was imminent. You can’t respond to a threat from the day before or even an hour before. The other individual’s actions or words must put you in immediate fear of harm or death.
- The threat was reasonable. The other individual’s actions, age, size, and other factors must reasonably create a fear of imminent harm.
- The force you used must be proportionate to the threat. You can’t use force far more lethal than the force being used against you. For example, if someone is spray painting graffiti on your car, you can’t shoot them. You also can’t pick a fight with someone, then claim a stand-your-ground defense when you shoot them.
How Combs Waterkotte Can Use the Stand-Your-Ground Law in Your Defense
Successfully using the stand-your-ground law in a criminal case requires more than just an understanding of the ins and outs of Missouri law – it requires deep expertise, resources, and personalized legal strategies. With a Combs Waterkotte defense attorney by your side, you can rest assured your case is in good hands. Our lawyers have successfully handled more than 10,000 cases just like yours, expertly building a robust defense strategy for each.
Missouri law allows you to use deadly force if you reasonably believe it is necessary to defend yourself against death, serious bodily harm, or a forcible felony. Your Combs Waterkotte defense lawyer can help demonstrate that your actions were justified under the law and can work to disprove any claims by the prosecution that you acted excessively or unlawfully.
Resources a Criminal Defense Attorney Uses to Build a Strong Stand-Your-Ground Defense
Building a strong stand-your-ground defense involves far more than simply stating that you were in fear and acted in self-defense. It requires gathering evidence, reviewing police reports, interviewing witnesses, and enlisting the help of expert witnesses. This level of detailed investigation by a Combs Waterkotte criminal defense attorney is essential in establishing that your use of force was justified and that there was a legitimate threat to your safety or the safety of others.
Whether it’s working with forensic experts to analyze physical evidence, consulting security footage, or bringing in self-defense experts to testify on your behalf, your skilled Combs Waterkotte lawyer will leave no stone unturned.
Personalized Strategies Tailored Precisely to a Stand-Your-Ground Defense
Regardless of the severity, facing criminal charges can be overwhelming – especially when your future is at stake. A client-focused Combs Waterkotte attorney takes the time to understand your situation, listen to your side of the story, and build your defense strategy to your specific needs and objectives. Your lawyers provide guidance and support throughout the entirety of your case, making sure you understand your rights and options at every step.
When it comes to using the stand-your-ground law as a defense, it’s essential that your attorney personalizes the strategy to reflect the details of your case. Combs Waterkotte focuses on achieving the best possible result for you – whether you are hoping for charges to be dismissed, reduced penalties, or an acquittal.
Why You Need a Combs Waterkotte Attorney for a Stand-Your-Ground Defense
Here’s why a Combs Waterkotte criminal defense lawyer is crucial when using stand your ground as a defense:
- Proving Your Actions Were Justified: This involves proving that you were under an immediate threat of harm and that your actions were reasonable in the context of the threat you faced.
- Challenging Prosecutorial Tactics: Prosecutors will often try to question the severity of the threat you faced, argue that you could have taken alternative actions, or suggest that your use of force was disproportionate. Your Combs Waterkotte attorney will anticipate these tactics and be prepared to counter them effectively.
- Comprehensive Legal Support From Start to Finish: Whether you’re facing a minor assault charge or a more serious charge like manslaughter, your lawyer will know how to adapt the stand-your-ground defense to your unique situation and give you the best chance of a favorable outcome.
If you’re facing criminal charges and believe the Stand Your Ground defense applies to your situation, hiring an experienced Combs Waterkotte criminal defense attorney is crucial. Call (314) 900-HELP as soon as possible or reach out online for a free consultation with an expert criminal defense attorney.
