Louisiana’s Stand Your Ground law, codified in Louisiana Revised Statute 14:20, allows individuals to use force-including deadly force-in self-defense without a duty to retreat, provided certain conditions are met.
Key Provisions of the Law
- No Duty to Retreat:Â If you are in a place where you have a legal right to be-such as your home, workplace, vehicle, or any public place-you do not have to retreat before using force to defend yourself.
- Reasonable Belief of Danger:Â You must reasonably believe that you or someone else is in imminent danger of losing life or suffering great bodily harm. This belief must be reasonable under the circumstances.
- Location Restrictions:Â The law applies if you are not engaged in unlawful activity and are not trespassing. If you are committing a crime or are somewhere you have no right to be, Stand Your Ground protections do not apply.
- Proportional Force:Â The force used must be proportional to the threat faced. Deadly force is only justified if you believe it is necessary to prevent imminent death or serious bodily harm.
- Aggressor Limitation:Â The law does not protect individuals who are the initial aggressors in a confrontation. If you provoke the incident, you generally cannot claim Stand Your Ground as a defense.
Castle Doctrine
Louisiana also recognizes the “Castle Doctrine,” which presumes that the use of force is justified when defending against an intruder in your home. This presumption extends to your vehicle and place of work.
Legal Process and Considerations
- Self-Defense Claims:Â Each self-defense case is evaluated individually. The courts will consider whether the attack was unprovoked, whether there was an imminent threat, whether the response was reasonable, and whether the defender had a reasonable fear of injury or death.
- No Protection During Illegal Acts:Â If you are engaged in illegal activity at the time of the incident, you cannot claim Stand Your Ground protection.
Table
| Provision | Louisiana Law (Stand Your Ground) |
|---|---|
| Duty to retreat? | No |
| Applies in home, work, vehicle? | Yes |
| Applies in public? | Yes |
| Must not be initial aggressor | Yes |
| Must have reasonable belief of danger | Yes |
| Applies if engaged in illegal activity? | No |
Louisiana’s Stand Your Ground law provides robust protections for individuals who use force in self-defense, as long as they are lawfully present, not engaged in illegal activity, and have a reasonable belief that force is necessary to prevent imminent harm. The law removes the traditional duty to retreat, both in private and public spaces, but still requires that the force used is proportional and justified under the circumstances.
Sources
[1] https://www.legis.la.gov/legis/Law.aspx?d=78338
[2] https://johnsonfirmla.com/faqs/criminal-defense/what-is-self-defense-in-louisiana/
[3] https://www.mjvergis.com/blog/castle-doctrine-in-louisiana/
[4] https://johnsonfirmla.com/criminal-law/what-is-self-defense-in-louisiana/
[5] https://en.wikipedia.org/wiki/Stand-your-ground_law
