Self-Defense Attorney in Columbia, MO

Our Second Amendment right to bear arms was intended to serve as a means of protection. Using reasonable force to protect yourself and your property is known as acting in self-defense. Each State has developed its own self-defense laws to ensure that individuals remain protected while doing what is best for society as a whole. Missouri, among several other states, has developed a “Stand Your Ground” law, which allows the use of force, even deadly force, as a means to protect yourself.

Certain circumstances must apply in claiming self-defense, which the prosecution will work tirelessly to disprove. If you or a loved one believes that you acted in self-defense, our Columbia, MO, self-defense attorney is available to discuss your matter.

Missouri’s Stand Your Ground Law

Missouri’s “Stand Your Ground” law, codified in § 563.031, RSMo, gives individuals the right to use reasonable force, including deadly force, to protect themselves or others when they reasonably believe such force is necessary to prevent imminent harm. This legal protection applies in situations where a person faces an immediate threat of death, serious physical injury, or the commission of a forcible felony.

Importantly, Missouri law removes the duty to retreat before using lawful force. This means that if you are in any place where you have a legal right to be—whether in your home, vehicle, or a public setting—you are not required to attempt to flee before defending yourself. However, the use of deadly force is still limited to circumstances where it is objectively reasonable to believe that such action is necessary to prevent death, serious injury, or a violent crime.

In practice, the Stand Your Ground law does not provide blanket immunity from prosecution. Whether the use of force was justified is ultimately determined based on the facts, circumstances, and the reasonableness of the person’s belief that force was necessary.

The Castle Doctrine

Missouri Revised Statutes §563.031 establishes the Castle Doctrine, allowing homeowners and occupants to use deadly force if an intruder is attempting to enter their home or vehicle. The Castle Doctrine applies to any place or property that you own or occupy. The use of force is permitted if you believe that it is necessary to protect yourself or a third party from death or serious bodily injury, or to prevent the commission of a felony. However, you must use reasonable force, meaning that the amount of force must be justifiable given the situation.

Why Should I Hire an Attorney in Claiming Self-Defense?

In raising self-defense, you must prove that you were the victim, not the aggressor, in the situation in question. A successful self-defense claim will require that you present evidence showing that you did not provoke the altercation. Evidence of self-defense must be presented, but once there is evidence presented, the burden shifts to the state.

A self-defense claim necessitates presenting enough evidence to support your claim. The evidence presented must be sufficient, showing the likelihood that you did act in self-protection. Evidence may include witness testimony, physical evidence (such as your blood on the aggressor’s knife), or your own testimony. The prosecution also has an obligation to disclose any exculpatory evidence that proves your lack of criminal liability. An experienced Columbia, MO, self-defense lawyer will assist in gathering information and crafting a strong defense, further backing up your testimony.

Speak with a Columbia, MO, Self-Defense Attorney Today

If you have been charged with assault, you may be dumbfounded and even angry. Missouri gives individuals the right to protect themselves and other innocent persons from harm. However, proving that your behavior was justified can be challenging, especially when standing in front of a judge.

At Landon Miller Law, our Columbia, MO, self-defense lawyer is devoted to helping individuals who are mistakenly facing criminal charges. Our sole attorney’s detail-oriented approach allows him to find the necessary evidence to reduce and potentially negate your guilt. If you are interested in learning how our firm can be of help to you, contact us online or by phone at (573) 658-1919 today.