Some U.S. states require you to attempt a retreat before you defend yourself against an attack using deadly force. Arkansas was one of them before enacting a stand-your-ground law in 2021. While Arkansas is now a stand-your-ground state, it is important to understand the nuances that come with it. Here is what you need to know.
What does the law say?
According to Arkansas’s stand-your-ground law, if you are present in a place legally and face an imminent threat of death or serious injury, you can stand your ground without retreating. Furthermore, you may use deadly force against the person posing the imminent unlawful threat, provided you are not the initial aggressor and are otherwise entitled to claim self-defense under Arkansas law.
Exceptions to stand-your-ground
Protection under Arkansas’s stand-your-ground law is not absolute. You may lose this defense if:
- You use a firearm you are legally barred from possessing in the public.
- You are engaged in criminal activity that necessitates the use of deadly force.
- You are involved with a criminal organization or gang that directly gave rise to the need for use of deadly force.
If your use of deadly force during these activities injures another person, you could face felony battery charges.
Building your defense
Arkansas courts generally treat each case as different and analyze it based on its own facts. If you are facing criminal charges following a self-defense situation, a strategic defense is often necessary. An attorney experienced in criminal law can assess your situation and build an iron-clad defense strategy by evaluating evidence, witness statements and camera footage.