Like most states, Louisiana has legislation defining the use of force in defense against imminent harm. If you are facing assault or violent crime charges in the Pelican State because you defended yourself, you need reliable information.
Self-defense is governed by Louisiana statute (RS) 14:21, which outlines the principles and conditions under which self-defense can be claimed.
Immediate threat and duty to retreat
You have the right to defend yourself against an immediate threat of harm. However, you are required to retreat if it is safe to do so. This means you must retreat if possible, unless you are in your home, workplace or vehicle, where the duty to retreat does not apply.
The Castle Doctrine
This is a legal principle followed in Louisiana that allows you to use force, including deadly force, to protect yourself in the home, vehicle or place of business. Under this doctrine, there is no duty to retreat if an intruder unlawfully and forcibly enters these places.
Stand your ground law
State “stand your ground” laws remove the duty to retreat in places where you have a right to be. This means you can meet force with force amid a threat, even if you could safely retreat. It applies when there is reasonable belief that deadly force is necessary to prevent death or great bodily harm.
Using self-defense in your case
Asserting a self-defense claim means demonstrating that the use of force was justified under the circumstances. This includes proving there was an immediate threat of harm, the fear of harm was reasonable and the force used was proportionate to the threat.
Someone with a legal background can help you present a compelling self-defense claim against assault or even homicide charges.
