Stand Your Ground Defense
Frequently Asked Questions
Contents
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Is the Stand Your Ground (SYG) Law the same thing as the Self Defense Law?
How else is the SYG law different from a regular self-defense law?
What is the biggest mistake that defendant’s make in asserting self-defense?
What is the biggest mistake that judges make in a SYG motion?
What is the biggest mistake that defense attorneys make on a SYG motion?
Q: Is the Stand Your Ground (SYG) Law the same thing as the Self Defense Law?
A: They are related but not identical. Alabama’s “Stand Your Ground” law is found in Ala. Code § 13A-3-23, which governs the use of force in self-defense. Like traditional self-defense, it allows you to use reasonable force (including deadly force in some circumstances) if you believe it is necessary to prevent imminent death, serious injury, or certain violent crimes. The difference is that Alabama’s SYG law removes the duty to retreat if you are in a place where you have a legal right to be.
Q: How else is the SYG law different from a regular self-defense law?
A: In a standard self-defense claim, the issue is resolved at trial by a jury. Stand Your Ground, however, can give you an earlier opportunity to have charges dismissed if you can prove immunity from prosecution under § 13A-3-23(d). At a pretrial hearing, the judge decides whether you are immune from prosecution. The burden is on the prosecution to disprove self-defense by clear and convincing evidence. If the judge rules against you, you can still present self-defense to a jury at trial, where the prosecution must prove beyond a reasonable doubt that you did not act in self-defense.
Q: What is the biggest mistake that defendant’s make in asserting self-defense?
A: The most common mistake is confusing self-defense with revenge. Self-defense means you act to prevent imminent harm. Revenge happens when you use force after the threat is gone. For example: if someone assaults you but then runs away, firing at them as they flee is not self-defense under Alabama law—it’s retaliation.
Q: What is the biggest mistake that judges make in a SYG motion?
A: Sometimes judges mistakenly treat Stand Your Ground like an ordinary motion to dismiss, thinking they must deny it if any facts are disputed. That is incorrect. Alabama law requires the judge to conduct a hearing, weigh the evidence, and make factual findings—similar to a motion to suppress hearing. The question is whether the State can meet its burden of producing clear and convincing evidence that you were not acting in lawful self-defense.