CASTLE DOCTRINE VS. STAND YOUR GROUND

You must understand how they differ, and how they can affect you if you're confronted with a deadly threat.

- DR. ART JOSLIN, J.D.

Castle Doctrine and Stand Your Ground (SYG) laws can be confusing, especially when misinformation in the self-defense community is spread by well-meaning people who simply want to abide by the law.

Before we can jump into SYG with both feet, let's first discuss Duty to Retreat and how this important legal concept applies

DUTY TO RETREAT

All states have some form of Duty to Retreat statute. Most have no duty to retreat if certain conditions are met, while others have a duty to retreat prior to using deadly force, as long as it's safe to do so.

For example, in my home state of Michigan, there's no duty to retreat as long as you meet these four conditions:

1) You are not in the commission of a crime;

2) You are in a place you have a legal right to be;

3) You have an honest and reasonable belief that deadly is necessary; and

4) That deadly force is only to prevent imminent death, great bodily harm, and/or sexual assault.

According to the most recent update from the National Association of State Legislatures, 28 states plus Puerto Rico have no duty to retreat from a deadly force attack as long as you are in a place you have a legal right to be lawfully present. A few states require you at least make an attempt to retreat to safety, as long as retreating doesn't increase your risk of death or great bodily injury.

SKEWED PUBLIC PERCEPTION

Stand Your Ground laws have found their way into the lexicon of the general public through what seems are weekly shootings across the United States. Although the news media try to define SYG, they usually make a poor attempt at explaining these laws, which further leads to the confusion and spread of misinformation.