If you’ve been charged with a violent crime like homicide or assault in South Carolina, you may be able to use the state’s Stand Your Ground law as a legal defense. This law allows people to protect themselves without needing to retreat when they are in danger.
The law is powerful, but you must understand how it works—and be ready to prove that you acted in self-defense. With the right legal support, you may be able to avoid trial altogether.
What Is the Stand Your Ground Law?
South Carolina passed the Protection of Persons and Property Act in 2006. This law combines several important self-defense rules, including:
- The Castle Doctrine, which says you do not have to retreat if someone unlawfully enters your home
- The right to use force to protect yourself, others, or your property
- Broader legal protections for self-defense than under earlier common law
Before 2006, people had to try and retreat from danger before using force. Now, if you have a legal right to be somewhere and reasonably believe you’re in danger, you can stand your ground and use force to defend yourself.
Your Legal Rights Under the Law
Here are key rights protected by the Stand Your Ground law in South Carolina:
- If someone breaks into your home unlawfully, you are presumed to be in fear of death or serious harm.
- If you are in a place you have the right to be, you can defend yourself without retreating.
- If you act in self-defense, you may be protected from:
- Criminal charges
- Civil lawsuits by the person who was injured
What Is a Stand Your Ground Hearing?
If you’re charged with a crime, your attorney can request a Stand Your Ground hearing before your trial begins. This is a separate court hearing to determine whether your actions meet the requirements for self-defense.
If the court agrees that you acted in self-defense under the law, the case can be dismissed completely, and you won’t face further criminal prosecution.
Since this hearing can end your case early, it’s critical to prepare thoroughly with the help of a skilled defense lawyer.
How to Prove You Acted in Self-Defense
To use the Stand Your Ground law successfully, you need to show:
- You did not start or provoke the attack
- You truly believed you were in danger of death or serious injury
- A reasonable person in your situation would have believed the same
- You had no other realistic way to avoid the threat (but you don’t have to retreat)
Once you claim self-defense, the state must prove you were not justified. However, your attorney still needs to build a strong case showing why your actions were reasonable.
What Kind of Evidence Can Help You?
Your lawyer may use several types of evidence to support your self-defense claim, including:
- Eyewitnesses who saw the incident
- Security or phone video footage of the event
- Expert testimony explaining why you felt threatened
- Medical or psychological evidence showing your perception of danger was reasonable
- Reports on the attacker’s behavior showing they posed a real threat
Why Legal Help Is So Important
If you’re facing charges for homicide or another violent crime, your future is on the line. These are serious charges with life-changing consequences.
But remember: the prosecution must prove your guilt beyond a reasonable doubt. If you acted in self-defense, you have the right to tell your side of the story—and you’ll need an experienced lawyer to help you do that the right way.
Speak to a Greenville Criminal Defense Lawyer Today
At Bannister, Wyatt & Stalvey, LLC, our team of Greenville criminal defense attorneys is ready to protect your rights and help you use every legal option available. If you acted in self-defense, we’ll fight to prove it and work hard to get your case dismissed through a Stand Your Ground hearing.
Call us today at (864) 298-0084 or send us a message online to speak with an attorney about your case. Let us help you build a powerful defense and protect your future.
