If you are facing assault charges, one potential defense you may want to use is that of self-defense. You were not the aggressor in the physical confrontation; rather, the other party acted aggressively, and you simply exercised your right to act in defense of yourself or others. Therefore, you believe you are not guilty of assault.
However, in some states, people have a duty to retreat. Essentially, there is an obligation to try to avoid a confrontation if possible. It is only when there is no other option that physical force can be used as a last resort. Does Missouri have a law like this?
Stand Your Ground laws in Missouri
No, Missouri does not impose a duty to retreat. Instead, it uses Stand Your Ground laws. These mean that as long as someone is in a place where they are legally allowed to be, they do not have to try to avoid a confrontation. They cannot be the aggressor, but they are within their rights to stand their ground and use physical force to defend themselves if necessary.
In many cases, this applies to someone’s home. Maybe they claim that a person was trying to break into their house, so they exercised their right to self-defense. But it is important to note that the law applies to more than just someone’s personal property. Under Missouri law, they can exercise their right to stand their ground in their residence, in a vehicle, on private property or in “any location such person has the right to be.”
When is it no longer self-defense?
It is important to note that in Missouri, you cannot continue to assault the offender if they have stopped trying to harm you and are no longer a threat. If you use force against the offender at that point, you are no longer using self-defense. You could be charged with assault if you keep attacking them after they are subdued.
Self-defense is just one possible option to consider when facing criminal charges. Be sure you understand all of your legal rights at this time by consulting a lawyer.