Stand Your Ground Law

A client told me of approaching a police car with a question. The officer told him to step back from the car. The client was outraged by the demand because he had a right to STAND HIS GROUND. We have a stand your ground law in Missouri; but that is not what it says. The law is limited to cases of self-defense. It is not so much a law as the absence of a law.

For many years Missouri law required a person to retreat before acting in self-defense. This was required only if the defending person could do so in complete defense. This was a problem. Retreat is dangerous. Turning and running mean turning your back on a threat. Flight may trigger the assailant’s predatory instincts. Backing up makes a person liable to trip and fall. Then the assailant is above him. Making people realize this is comfortable courtrooms was difficult. The legislature removed the retreat requirement from the law. That is all that they did. The other requirements for self-defense still exist.

For any self-defense case there must be a reasonable threat to life, limb, rape, kidnap, arson of an occupied building or burglary of an occupied building. Some part of the body is being broken or the reasonable threat that it is about to be broken.

Certain irresponsible sources (thinking of you Kansas City Star) have suggested that stand your ground is the entirety of self-defense law and even that it allows one to kill anyone who simply scares them. This is not remotely true. If there is not a reasonable, credible threat to human breakage the idea of stand your ground does not come up.

This information is for legal information purposes and does not constitute legal advice. For specific questions you should consult a qualified attorney.