Stand Your Ground and Self-Defense Laws in South Carolina

No one should have to live in fear of physical harm. Nonetheless, crime is a reality in South Carolina, and the police cannot be everywhere at once. Many people need to use self-defense at some point to protect themselves or another person from imminent physical harm.

South Carolina has various self-defense laws on the books. Any one of them might apply to your case. Contact William G. Yarborough, Attorney at Law, if you are facing criminal charges while trying to defend yourself. Our Greenville assault lawyer can analyze whether you can raise self-defense, including the so-called “stand your ground law” in South Carolina.

General Principles of Self-Defense

Self-defense is a complete defense in South Carolina. A person who uses force to defend themselves from violence should not be convicted. A defendant may even use lethal force to protect themselves in certain situations.

Traditionally, self-defense has four elements:

1. You were not at fault for bringing about the difficulty. This means you didn’t start a fight or violent encounter.
2. You actually believed you were in imminent danger of serious bodily injury or death. If you actually thought you were not in danger, then you can’t engage in self-defense.
3. Your belief of imminent danger was reasonable under the circumstances. That is, other reasonable people would have felt the same way.
4. You had no other probable means of avoiding danger or harm, such as by fleeing. However, a person in their home does not need to flee.

These elements form the backdrop for most self-defense claims. For example, you might have been walking down the street when someone starts attacking you with a knife for no reason. You could use force because you reasonably believed you were about to suffer serious bodily injuries.

A question arises whether you could flee to avoid the harm. If you were backed up into a doorway, then your only choice would be to fight your way out. But if you could turn around and run away, then traditional South Carolina self-defense laws would require that you flee.

Stand Your Ground Law in South Carolina

South Carolina adopted a stand your ground law to change the traditional law on self-defense. In particular, the law eliminates any duty to retreat. Instead, a victim can “stand their ground” in many cases and defend themselves, even if retreat was possible. This minor change to the law has been controversial.

South Carolina Code § 16-11-440 changed our state’s law in critical ways:

• No duty to retreat. Under subsection (C), a person who is not engaged in unlawful activity may use deadly force to defend themselves without any duty to retreat, provided they are in a location where they have a right to be.
• Presumed fear of imminent peril. If someone is breaking into your home or vehicle, then the law presumes you have a reasonable fear of imminent harm.

Section 16-11-450 also provides immunity from criminal prosecution and civil lawsuits for the use of deadly force if the defendant satisfies the requirements of the new law.

There are some exceptions that the law does not cover. For example, the law doesn’t allow you to use force against someone who has a right to be in the dwelling, such as the property owner or a lessee. The law also does not permit force against a child or grandchild.

Also, the stand your ground law does not help someone who is engaged in criminal activity. If you are selling drugs out of your car, then you cannot rely on this law to shoot someone who tries to enter.

Can You Claim Self-Defense?

To answer this question, we need to know more about the facts of the violent encounter. It matters where it happened and what actions the assailant took. This is one reason to schedule a free initial consultation with an experienced Greenville criminal defense attorney.

The state might argue you cannot claim self-defense because you started a fight, or you escalated a minor disagreement into a violent dispute. For example, someone might have bumped into you in a bar, which caused you to sock them in the face. Even if the other person begins to punch back, you probably cannot pull out a gun and shoot them.

We also need to know more about why the person was trying to break into your home or vehicle. Sometimes a defendant has a valid reason to be in the location, which limits the applicability of certain self-defense doctrines.

How to Raise Self-Defense in a Criminal Case

We recommend the following steps:

1. Do not answer a police officer’s questions. They might get you to say something you don’t mean or trip you up. The less you tell the police about the incident, the better.
2. Tell your lawyer what happened. Your lawyer can analyze whether you can claim protection under the stand your ground law in South Carolina or common law self-defense.
3. Review any plea deal. The state must consider possible self-defense when deciding whether to seek charges. They might drop them if convinced you acted according to the law, or they could offer a generous plea deal. Consider these options with your attorney.
4. Determine whether to testify in court. It is hard to claim self-defense unless you testify. But that comes with risks. Go over them with your lawyer. You might have a different defense that can work just as well, allowing you to avoid testifying. Or you might be eager to testify because you know you acted according to self-defense law.
5. Testify truthfully. You will harm your case if you exaggerate what happened in the lead-up to your use of force.

Hire the Right Greenville Criminal Defense Lawyer

South Carolina self-defense laws come up in many cases, particularly violent crimes. If you were attacked, you might claim self-defense and be acquitted at trial. Work with our experienced criminal defense lawyer to identify if this is the right defense to raise. Attorney Yarborough has helped those in Greenville and other communities surrounding the 29609 zip code. Contact us today!