After speaking with a promising investigator about the “Stand Your Ground” law, I was reminded just how misunderstood “Stand Your Ground” really is.

The “Stand Your Ground” concepts are critical to our work as instructors, force consultants, and expert witnesses. However, numerous myths surround “Stand Your Ground.” Most of these are fueled by the media or those committed to an anti-gun philosophy. My goal with this episode is to empower you with a clear and realistic understanding of what “Stand Your Ground” is and isn’t.

“What Is Stand Your Ground?”

What does “Stand Your Ground” really mean? It refers to language used in state statutes concerning the use of force for self-defense. As a force consultant and expert witness, I have worked on self-defense cases in various states across the country, which required me to familiarize myself with each state’s respective use of force or self-defense laws. As of the recording of this episode, I have not found a single state with a law called “Stand Your Ground.”

You can find many references by searching the internet for a list of states with “Stand Your Ground” laws. States that include the “Stand Your Ground” element in their laws even have some courts and attorneys who refer to the “immunity hearing” as a “Stand Your Ground” hearing.

This can be confusing and possibly overwhelming. Let me clarify what “Stand Your Ground” means. In simple terms, “Stand Your Ground’ means you don’t have a duty to retreat when you are attacked. You have the right to “Stand Your Ground” and respond to force with force.

This is what the mainstream media and those with an agenda focus on. They fail to tell people the whole truth and make it seem as though states with “Stand Your Ground” language in their self-defense laws are giving people a “license to kill.” Therefore, it is crucial to understand your rights and what is expected of you in states that do not have a requirement to retreat.

Essential Elements for Deciding to Use Force for Self-Defense

The essential elements of using force for self-defense are generally consistent across states. I say generally because the concept of “Stand Your Ground” directly impacts one specific element. It’s important to understand these elements and consider them when making a force decision. These essential elements include the following:

• Your use of force must be Reasonable.
• The threat you face must be Immediate.
• You must be Defending yourself or another and cannot be the aggressor.
• Your response must be Equal to or proportional to the threat being presented.
• You must Retreat, if possible.

To help you remember these elements, picture a cowboy on horseback. He is the R.I.D.E.R.

RIDER = Reasonable – Immediate – Defending – Equal – Retreat

States with the “Stand Your Ground” reference are removing the duty to retreat, but you still need to meet all the other elements to file a self-defense claim successfully.

Reasonable

I want to break everything down to understand these elements thoroughly. As I mentioned, R stands for Reasonable, which is what your use of force must be. You may also hear this referred to as “objectively reasonable.”

To assess the reasonableness of any use of force, we must consider R.I.D.E.R.’s other elements carefully and thoughtfully. Each element is vital to the force decision-making process and influences your perception of the threat presented, thereby justifying your chosen response.

Typically, this is an objective element since we are evaluating it in terms of what the general population would do. However, it is also subjective, as every individual is unique. We see and respond to things differently. What scares one person to death may not affect another.

Your physical skills may be significantly more advanced than those of others, so it might be more reasonable for you to handle a threat using physical techniques. At the same time, your friend may need a weapon to achieve the same outcome.

Given the facts and circumstances you faced, we must consider what is reasonable for you while also considering your background, training, and experience. Would someone with a similar background, training, and experience facing the same situation act similarly?

Your perception of the threat and the response selected to defend yourself or others must be reasonable.

For example, if someone said I should punch you in the mouth, it would not be “objectively” reasonable to pull out your handgun and shoot them. I know that is an extreme, but I believe you see the point I am trying to make.

IMMEDIATE

To determine the reasonableness of a use of force, we must determine if the threat faced was Immediate. This leads us to the “I” in R.I.D.E.R. The “I” is for Immediate.

The threat you face must be immediate. We’re talking about something happening at that very moment, not something that will take place later. Someone says, “I’m going to punch you!” and physically prepares to do so, versus them saying, “I’m going to punch you the next time I see you,” while walking away.

One thing that many overlook is that the threat must be articulable. In other words, you need to be able to explain the threat you perceived rather than simply saying, “I was in fear for my life.”

When an immediate threat is presented, we are led to the “D” in R.I.D.E.R, which stands for Defending.

Defending

The attacker presents an immediate threat and forces you to defend yourself. This is a crucial element in every self-defense claim. You cannot be the aggressor. You cannot start the fight and then try to claim self-defense when they fight back. You’re an innocent victim targeted by an aggressor. Yes, there is an exception to this element, but it is rare, so I won’t discuss it in this episode.

How you respond is the next element to consider. This leads us to the “E” in R.I.D.E.R., which stands for Equal.

Equal

Your response must match the threat you face. In other words, the force used for self-defense cannot exceed the threat you are dealing with and the force necessary to neutralize that threat. Before I discuss this element, let’s explore the difference between deadly and non-deadly force.

Non-deadly force refers to any force that is NOT likely to cause great bodily harm or death. Deadly force, on the other hand, refers to any force that IS likely to cause great bodily harm or death.

Consider this example: someone approaches you and pushes you, prompting you to pull out a club and strike them repeatedly on the head and neck. They certainly committed the crime of simple battery by unlawfully touching you without your permission (at least in Florida), but it was not likely to cause you great bodily harm, let alone kill you.

Yet your response is likely to cause great bodily harm, if not death. I understand this is an extreme example, but our responses must be equal to the threat we face. A non-deadly force threat justifies a non-deadly force response. Likewise, a deadly force threat justifies a deadly force response.

This leads us to the last “R” in R.I.D.E.R., which stands for Retreat.

RETREAT

The last element of R.I.D.E.R. is Retreat. In many states, if there is a safe way to remove yourself from the situation or leave the area, you must do so before using force to defend yourself. These states require you to retreat before you are justified in using force for self-defense.

In those states, you must demonstrate that retreating was not an option if you want to claim self-defense without first attempting to meet the retreat requirement.

R.I.D.E.R Application

To claim self-defense, your use of force must be REASONABLE based on the facts that the threat you faced was IMMEDIATE, thereby causing you to DEFEND yourself, with a force option that was EQUAL to the threat presented, but only after you made a good faith effort to RETREAT.  R.I.D.E.R.

The Reality of “Stand Your Ground”

“Stand Your Ground” states require you to meet all of these crucial elements to claim self-defense, except one. They eliminate the duty to retreat before defending yourself. The other four elements must still be met to claim self-defense.

A careful reading of the statutes also reveals that this relief is typically granted only if the defending party was in a place they had a right to be and was not committing a crime. Therefore, you cannot be in the midst of robbing a bank and claim self-defense when security points a gun at you and gives you orders.

“STAND YOUR GROUND” beyond the myths. The facts have been laid out and media hype has been stripped away. At the time of recording this episode, I noted that thirty states reportedly allow individuals to use force, including deadly force, in self-defense without a duty to retreat. I encourage you to research your state’s laws to determine whether you have a duty to retreat before using force for self-defense.

“Stand Your Ground” States

Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.