How the South Carolina Stand Your Ground Law Works
In South Carolina, the Stand Your Ground law allows you to use deadly force to defend yourself without retreating. However, it only applies if you were lawfully present, not committing a crime, and reasonably believed you were facing death or serious injury. While it’s a potent legal protection, it’s also one of the most misunderstood defenses in criminal law.
At Mo Abusaft, our defense attorney has seen firsthand how quickly these cases can turn from moments of panic into felony charges. Understanding how the law actually applies, and how local courts interpret reasonable fear, can make the difference between securing your freedom and getting convicted.
What is the South Carolina Stand Your Ground Law?
South Carolina’s Protection of Persons and Property Act gives you the right to defend yourself in your home, workplace, or vehicle without the duty to retreat. If someone unlawfully enters your space or threatens your life, you can respond with force, including deadly force, if you reasonably believe it’s necessary to stop them. However, that protection isn’t absolute. It doesn’t apply if:
- You were engaged in illegal activity
- The threat wasn’t immediate or credible
- You provoked the confrontation
For instance, if an intruder breaks into your house at night, the law presumes you had a reasonable fear of dying or getting seriously harmed. If you chase someone outside after they flee, however, the protection is likely no longer in effect.
How South Carolina Courts Treat Stand Your Ground Cases
SC courts handle these cases with scrutiny because the defense can result in immunity from prosecution, not just an acquittal at trial. That means if a judge agrees you acted lawfully under Stand Your Ground, your case can be dismissed before it even reaches a jury.
Judges rely on pretrial hearings to determine whether the defense applies. The burden falls on the defense to prove, by a preponderance of evidence, that the defendant had a lawful right to use force.
In State v. Duncan (2011), the South Carolina Supreme Court found that a homeowner who shot a man attempting to enter his residence was immune from prosecution under the state’s Stand Your Ground law, noting he had no duty to retreat. Two years later, in State v. Curry (2013), the court rejected a similar claim after determining the defendant had not proven his entitlement to immunity, highlighting how these cases turn on specific facts.
Courts in SC usually deny Stand Your Ground motions, reflecting the demanding burden of proof for defendants.
How a Stand Your Ground Law Lawyer Can Help
A Stand Your Ground claim requires strategic investigation and precise presentation of evidence. A South Carolina stand your ground lawyer can:
- Reconstruct the scene to show how and why you acted out of genuine fear.
- Gather physical evidence, eyewitness testimony, and expert opinions to establish reasonableness.
- File a pretrial immunity motion supported by clear, documented facts.
- Challenge any suggestion that you provoked or escalated the incident.
Remember, the success of a Stand Your Ground claim typically depends on whether your attorney can connect the law’s technical requirements to your lived experience now.
Talk to Our Stand Your Ground Law South Carolina Attorney
Every second counts after a self-defense incident. Our stand your ground law South Carolina attorney, Mo Abusaft, understands the nuances of SC’s Stand Your Ground law and has experience defending these cases. Call 864-406-8941 or reach Mo Abusaft online to arrange your free case assessment.