Louisiana’s Self Defense Law
F.B.I. Audit of Database That Indexes DNA Finds Errors in Profiles
January 29, 2014Man Suing To Remove His Brain Dead Wife from Life Support.
January 30, 2014Louisiana’s Self Defense Law.
In Louisiana deadly force may be used, without an obligation to retreat, whenever a person is in imminent danger of being killed or facing great bodily harm and that deadly force is necessary to prevent the killing or seriously injury.
Whether or not one’s actions constitute Self-Defense is a question of fact.
Questions of fact are resolved through investigation and negotiation or in a trial before either a judge or jury.
We Urge to Seek Legal Representation Immediately.
If you have been involved in a fight or serious confrontation that turned physical, and you believe you were acting in Self-Defense and the police are investigating the matter, contact a local criminal defense attorney before you are interviewed by the police, if you can.
Make no mistake; these are extremely serious charges with grave consequences. Seek legal counsel right away. A skillful attorney can help you navigate the criminal justice system and obtain the best possible outcome in your case.
We at The Law Firm of Regan Law can offer you the guidance you need during these difficult times. Our Team of experienced attorneys under the leadership of Attorney Martin E. Regan, Jr. can help you now. Call us.
We know the following things pertinent to vindicating you:
The person who starts a fight cannot claim Self Defense in Louisiana.
The Louisiana’s aggressor statute indicates: “A person who is the aggressor or who brings on a difficulty cannot claim the right of self-defense unless he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict.”
So, if someone starts a fight and then starts to loose, he cannot shoot the other party and claim self defense. It may be self defense if he can prove that he quit the fight and made it clear that he wanted to end it and the other party continued the fight.
Louisiana statues include a set of laws knows as “castle laws.” These laws allow the use force, deadly or otherwise, to protect oneself or property, or “castle.”
The protection under the “castle law” not only applies to one´s home, but also extends to one´s vehicle. It establishes that the use of force is justifiable whenever it is necessary to prevent an offense against one’s personal safety or the safety of one’s property if the amount of force used was “reasonable and apparently necessary to prevent such offense.”
The “castle law” establishes that homicide is justifiable in particular circumstances:
- when committed in self-defense by one who “reasonably believes” he is in danger of great bodily harm or death,
- to prevent a forcible felony; and to prevent trespass on private property.
However, the justifiable homicide statute does not apply to those who use deadly force while in the process of selling drugs.
In 2006, Representative Eric LaFleur introduced legislation that added a “stands your ground” provision that expanded to the “castle laws” already in effect in Louisiana.
Current Self Defense laws in Louisiana establish:
- A person “who is in a place where he or she has a right to be ,” including a public space, does not have an obligation “to retreat” if faced with a real or perceived threat and “may stand his or her ground and meet force with force.”
- During criminal court proceedings, a judge or jury can’t consider the “possibility of retreat” as a factor in determining whether someone lawfully used force in self-defense.
- No one acting in self-defense under these laws can be civilly prosecuted, sued, for the use of force, deadly or otherwise.
Remember: If you are facing a dangerous situation, the best alternative will probably be to call 911 and seek the protection and assistance of law enforcement. More often than not, a gun that was purchased by a home owner for protection becomes a lethal weapon used against the owner.
