Also known as: no-duty-to-retreat · no duty to retreat doctrine · stand your ground
Written by attorneys · grounded in primary & secondary sources — see below
A principle in self-defense law providing that a person attacked inside their own dwelling need not retreat before using deadly force. The rule displaces any general obligation to withdraw when complete safety is possible. It applies once the location of the attack is established as the defender's home regardless of alternative exits or prior relationships.
Naomi Norton lives alone in a remote one-room cabin. During an argument her neighbor forces open the single door and corners her against the sink. Naomi grabs a rifle from the counter and shoots the neighbor. Because the confrontation occurred inside her dwelling she may stand her ground without attempting any escape.
Naveen Nanda stands in the living room of his two-bedroom condo when an acquaintance enters through the unlocked balcony door carrying a knife. The acquaintance advances while making threats. Naveen seizes a sword from the wall and stabs the intruder. The attack having taken place inside his home he faces no obligation to retreat down the hallway or through the kitchen door.
Select any source to read its text and confirm it supports the definition.
No. Once the attack occurs inside the defender's dwelling the rule eliminates any duty to retreat regardless of available exits. The location of the confrontation controls rather than the feasibility of withdrawal.
Supporting sources
Yes. The rule focuses on whether the space functions as the defender's sole residence. A ship cabin used year-round as living quarters or a long-term faculty rental counts as a home for purposes of the no-retreat principle.
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No. Functional occupancy as a sole residence satisfies the rule. Renting and maintaining the property for years establishes the necessary status even when title belongs to a university or employer.
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No. The rule turns on the physical location of the attack once it begins. An uninvited entry accompanied by an immediate threat of violence triggers the exception regardless of earlier visits.
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…a weapon, turned and confronted her attacker instead of escaping. While we do not overrule our earlier holdings that a party has no duty to retreat from a confrontation, we believe the possibility of escape should be a recognized factor in determining whether deadly force was necessary to avoid death or great bodily harm. See State v.…