Pick Your Community: | Hopkins | Muhlenberg | Daviess | Christian | Fayette | Henderson | Lakes | McCracken | Warren | Webster
Davis Motor Sales banner ad

Kentucky’s ‘Stand Your Ground’ Law Explained

STAND GROUNDLEXINGTON, Ky. (7/16/13) – Recent debates surrounding the nationally publicized George Zimmerman trial have shined a spotlight on the array of laws pertaining to self-defense, particularly “stand your ground” laws.

Kentucky is one of more than 20 states that have enacted laws that specifically affirm a person’s right to “stand their ground” when they are defending themselves from an unlawful threat, removing the duty to retreat from the situation that is present in other self-defense laws.  

Greg Coulson, public defender for Bourbon County, explained what the law means for residents of the Commonwealth.

“Stand your ground is a change in the self-defense defense,” he said. “You always have a right to self-defense, but under the common law if you had the ability to run away or retreat in full safety without risking being injured by the person who is attacking you then you have a duty to that. You have what was called the duty to retreat. The stand your ground law changes that standard. It says if you are in any place that you are legally allowed to be, you don't have a duty to retreat.”

In cases where the “duty to retreat” comes into play, it is up to the jury to establish whether someone had the ability to run away.

“It's a tough thing,” said Coulson. “If someone is standing there with a knife and ready to knife you, can you really turn your back and run away without being concerned that the person is just going to run you down and stab you in the back? It's hard to think of a situation where you can be attacked with deadly force and you have the ability to retreat in complete safety.”

Coulson said there are two parts to the self-defense statute in Kentucky, which is distinct from the “stand your ground” law. In all 50 states, defending yourself or others from serious injury or death can be used as a defense in a murder or assault trial. However in Kentucky, acting in self-defense can make a person immune from being prosecuted in the first place if there was a reasonable belief that someone would imminently cause serious bodily injury or death.

The statute has special protections for people who are in their home. If a person is entering or unlawfully present in your home, the law automatically considers that a reason to believe the intruder is going to cause physical injury or death. In other words, if you are in your home you do not have to wait to be attacked to “stand your ground.”

Coulson said this prevents homeowners from having to go through the hardships of a criminal prosecution.* He added that Kentucky’s immunity statute is much more important than the “stand your ground” laws in most cases.

“What it does is it removes a barrier that people have when they have to use physical force in order to defend themselves,” he said. “It's one less hurdle for somebody who used deadly force or physical force to overcome when they're trying to prove they weren't out acting maliciously and they were trying to save their lives, or the lives of another person.”

*Clarification: The law states you have a right to defend your residence. A landlord would not be protected even though he owned the home, it would have to be his residence to avoid prosecution. He would be protected under the “stand your ground” law, however.

David Gillum
SurfKY News

© Copyright 2014 SurfKY News Group, Inc. All rights reserved. This material may not be published, broadcast, or rewritten without permission. SurfKY News encourages you to share this story by using one of the social media links below.

Posted on 2/2/14

Latest Video

Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
3/12 - 718 switched from reg 2 to hopkins only
2/6/2014 - posted
3/13 - 16
Started 11/8/2013
Started 11/8/2013

Stock Report

1 DOW 17,079.57
-42.44 (-0.25%)    
2 S&P 1,996.74
-3.38 (-0.17%)    
3 NASDAQ 4,557.69
-11.93 (-0.26%)    
Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
3/12 - 718 switched from reg 2 to hopkins only
2/6/2014 - posted
3/13 - 16
Started 11/8/2013
Started 11/8/2013
Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
3/12 - 718 switched from reg 2 to hopkins only
2/6/2014 - posted
3/13 - 16
Started 11/8/2013
Started 11/8/2013
Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
Genovese - http://www.mchky.org/staff/bio.php?doc_id=35646&sub= Lewis - http://www.mchky.org/getpage.php?name=bracken_lewis Holt - http://www.mchky.org/getpage.php?name=drholt Napier - http://www.mchky.org/getpage.php?name=dr.napier_page Newman - http://www.mchky.org/staff/bio.php?doc_id=50353
3/12 - 718 switched from reg 2 to hopkins only
2/6/2014 - posted
3/13 - 16
Started 11/8/2013
Started 11/8/2013

Most Read This Week (Site-Wide)

August 25, 2014 4511

Flooded Central City Church's Seven Day…

in Top Stories by Paul McRee, SurfKY News
August 25, 2014 4379

14-Year-Old Suffers Gunshot Wound; Air…

in Top Stories by Ami Clayton, SurfKY News
August 25, 2014 3955

Camper Stolen in Utica Recovered in…

in Top Stories by Martha Clark
August 25, 2014 3476

44th Mount Saint Joseph Picnic is Sunday,…

in News by Jennifer Kaminski
August 25, 2014 3437

Daviess County Health Department…

in News by Dennis Beard, SurfKY News

Most Read Stories from Hopkins County

August 25, 2014 4379

14-Year-Old Suffers Gunshot Wound; Air…

in Top Stories by Ami Clayton, SurfKY News
August 25, 2014 2494

Two Injured in Two-Vehicle Collision Near…

in Top Stories by Trooper Stu Recke
August 25, 2014 2395

Former Co-Workers Trying to Raise Money…

in Top Stories by Rita Dukes Smith, SurfKY News Director
August 24, 2014 2305

Two Injured in Two-Vehicle Collision…

in Top Stories by Officer Jeff Miller
August 26, 2014 1879

Two People Injured When Vehicle Overturns…

in Top Stories by Matt Sanderson

Most Read Stories from Owensboro

August 25, 2014 3476

44th Mount Saint Joseph Picnic is Sunday,…

in News by Jennifer Kaminski
August 25, 2014 3437

Daviess County Health Department…

in News by Dennis Beard, SurfKY News
August 25, 2014 3314

GRADD Seeking Ombudsman Program Volunteers

in News by Woody Maglinger
August 26, 2014 2884

Owensboro Board of Commissioners…

in News by Beth Cecil
August 26, 2014 2526

City Street Closures on Strawbridge and…

in News by Abby Shelton

Most Read Stories from Muhlenberg County

August 25, 2014 4511

Flooded Central City Church's Seven Day…

in Top Stories by Paul McRee, SurfKY News
August 25, 2014 3955

Camper Stolen in Utica Recovered in…

in Top Stories by Martha Clark
August 25, 2014 3188

Job Corp Celebrates 50th Anniversary

in Top Stories by Charles W. Riley II, SurfKY News
August 25, 2014 3176

Mustangs Marching Classic

in Top Stories by Charles W. Riley II, SurfKY News
August 26, 2014 2529

Family Has Close Call with Tornado

in Top Stories by Paul McRee, SurfKY News

SurfKY News Group, Inc. Central Office & Printing Division
1125 Nebo Rd.  •  Madisonville, KY 42431  •  270.452.2249 (fax)
Main Number: 270.452.2727 (phone)  •  Printing Division Direct Line: 270.821.8600 (phone)

SurfKY Owensboro News Bureau
920 Frederica St. / Suite 210  •  Owensboro, KY 42301  •  270.683-8060 (phone)


Contact a member of our staff: www.surfky.com/contact
Copyright © 2014 SurfKY News Group, Inc.  •  Terms of Use  •  Site Map

social 03social 04social 22social 21social 06