Also known as:stands his ground · stood his ground · standing his ground · stand your ground · stand-your-ground · stand-your-ground law · self-defense doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A principle of self-defense that permits a person who reasonably believes another is about to inflict harmful or offensive contact to remain in place and use reasonable force without first retreating or relinquishing a right or privilege.
Sources & Authorities
How it applies
Common Examples
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Factory Floor Disarming Maneuver
Jordan suddenly raised a heavy wrench toward Malik's head during an argument on a noisy factory floor. Malik stepped forward, gripped Jordan's wrist, and twisted until the wrench fell, tearing a ligament. Malik's conduct is privileged because he used nondeadly force proportionate to the threatened blow and had no duty to step aside before defending himself.
Alleyway Shove Defense
During a heated sidewalk dispute, Taylor lunged and swung a fist at Riley. Riley stood in place, blocked the punch, and shoved Taylor backward into a wall, causing only minor bruises. Riley's decision to stand ground is privileged because the responsive force was reasonable and nondeadly and no retreat was required.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Common questions
Frequently Asked
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When does the stand-your-ground principle eliminate any duty to retreat?+
The principle eliminates any duty to retreat when the actor uses nondeadly force in response to an imminent threat of harmful or offensive contact. The actor may remain in place and meet force with reasonable force even if retreat would have been possible.
Supporting sources
Does the principle apply when the threat arises only from negligent conduct?+
No. When the perceived threat comes from negligence rather than intentional conduct, the actor must retreat or give up a right or privilege if doing so would reasonably avoid the need for force. Standing ground is not permitted in that setting.
Supporting sources
How does the principle interact with the use of deadly force inside a dwelling?+
The supplied definition and Restatement § 63 address only nondeadly force. Any extension to deadly force requires separate authority beyond the present sources.
Supporting sources
What determines whether force used while standing ground is privileged?+
The test focuses on the harm the actor intends or reasonably expects to inflict, not the harm that actually results. Force is privileged only if it is reasonable in light of the threatened harm and not intended or likely to cause death or serious bodily harm unless that level of force is itself justified.
Supporting sources
372 U.S. 58 (1963)First Amendment Law
…But the Commission’s pronouncement in any given instance is not self-executing. Any affected distributor or publisher wishing to stand his ground on a particular publication may test the Commission’s views by way of a declaratory judgment action[^disA-2] or suit for injunctive relief or by simply refusing to accept the Commission’s…
TortsIntentional torts · Defenses to claims for physical harmsUBEFoundational