![]() The Castle Doctrineīefore South Carolina’s stand your ground law was passed, you had a duty to retreat before defending yourself – everywhere except in your own home. There is no longer a “duty to retreat” in South Carolina if you are attacked in a place where you have a legal right to be, whether that is your home, your business, the sidewalk, or the corner grocery. The most important distinction between stand your ground laws and the “old” elements of self-defense law in South Carolina is that element #4, “no other probable means of avoiding the danger,” no longer applies. In every case where it applies, South Carolina’s stand your ground law replaces self-defense law in South Carolina. There was “no other probable means of avoiding the danger” – before South Carolina’s stand your ground law was passed, there was a duty to retreat unless you were in your own home. “ reasonably prudent man of ordinary firmness and courage” would have believed they were in imminent danger if they were in your place – your belief that you were in danger must be objectively reasonable andĤ. You were, or you believed that you were, “in imminent danger of losing life or sustaining serious bodily injury ”ģ. You were “without fault in bringing on the difficulty” – you cannot instigate or attack another person and then claim self-defense Ģ. If you raise the defense of self-defense and the prosecution can’t disprove one or more of these elements beyond a reasonable doubt, jurors must acquit you at trial. ![]() There are four elements of self-defense in South Carolina. The Elements of Self-defense in South Carolina ![]() Self-defense is often used in response to a sudden and unexpected situation, and your goal is not only to defend yourself, or others, from an attacker, but also to avoid arrest and prosecution. This is why every person should know the basics of self-defense and whether your state has a stand your ground law – you never know when you will have to defend yourself. Self-defense is, unfortunately, often your defense at trial rather than the prosecution’s reason for leniency before trial. In any jurisdiction, you may find yourself arrested and charged with murder (or assault and battery) even though you followed the rules. What are the Rules for Self-Defense in South Carolina? How South Carolina’s stand your ground law works. ![]() In this article, you will learn the basics of self-defense in South Carolina, including: In one state, you could avoid arrest altogether, while in another state you could find yourself in jail awaiting trial for murder under the exact same set of facts. You have a legal right to defend yourself, but the rules for how and when you are permitted to defend yourself can be different from state to state. What are the rules for self-defense in South Carolina, and how does South Carolina’s Stand Your Ground law work? ![]()
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