Stand Your Ground, Don’t Back Down – When is Violence Considered Self-Defense?

Generally, the law frowns upon acts of violence against another person or persons that results in injury or death. However, there are certain circumstances in which an individual may defend themselves against the assault of another if, for example, they are acting in self-defense of themselves or others, so long as certain standards are met. 

There are conditions that an individual must satisfy for their use of force to be found as legally justifiable self-defense. First, the individual who claims to have acted in self-defense must have actually perceived an imminent threat of bodily harm and justify their perception. The individual must also demonstrate that he or she did not provoke the threat. You now may stand your ground and defend yourself in your home, your vehicle, or in your business. However, it is important to note that different states have different statutes that govern what does and what does not qualify as self-defense.

What is Justifiable Homicide in Mississippi?

Justifiable homicide is the taking of a human life under circumstances which allow the act to be regarded in law as without criminal liability. Under Mississippi law, the killing of a human being is justifiable in the following circumstances:

1. When committed by public officers, or those acting by their aid and assistance, in conformity to any judgment of a competent court
2. When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process (like arrest), or to the discharge of any other legal duty
3. When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped
4. When necessarily committed by public officers, or those acting by their command in their aid and assistance in arresting any felon fleeing from justice
5. When committed by any person who is resisting the unlawful attempt of another to kill them, commit a felony upon them (like assault with a weapon or other device intended to kill or injure), or upon or in any dwelling, occupied vehicle, any place of business, or any place of employment 
6. When committed in the lawful defense of one’s own person or any other human being where there are reasonable grounds to believe an individual is going to do some great personal injury, and there is imminent danger of such injury
7. When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed
8. When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace; and
9. When necessarily committed in the performance of duty as a member of a church or place of worship security program 

Notably, an individual who uses defensive force will be presumed to have reasonably feared imminent death or great bodily harm was occurring or was going to occur. Additionally, Mississippi is a stand your ground state, meaning the individual who is not the initial aggressor and is not engaged in unlawful activity has no duty to retreat before using deadly force.

Finding an Attorney

If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney in the area of self-defense to a crime of violence, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your free consultation to learn more.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.