Stand Your Ground Defense Attorneys

When facing serious charges where self defense may be applicable, you need advocates who understand the nuances of the state’s Stand Your Ground statutes. At JB Brown Criminal Trial Practice, our Birmingham attorneys specialize in protecting individuals who have lawfully defended themselves and their families. Successfully claiming this immunity requires experienced legal guidance. From early police interactions to courtroom advocacy, our team provides comprehensive support through every stage of your case. We understand that when you’ve acted to protect yourself or loved ones, the legal aftermath can be overwhelming. Our legal team ensures your rights are protected from the moment you contact us.

Understanding Alabama’s Stand Your Ground Law

Alabama’s Stand Your Ground law (Alabama Code § 13A-3-23) provides strong legal protections for individuals who use force in self-defense. This law removes the traditional duty to retreat and grants immunity from criminal prosecution and civil lawsuits in justified cases.​

When Does Stand Your Ground Apply? 

Under Alabama law, you are legally justified in using deadly force if you reasonably believe someone is: 

• Using or attempting to use unlawful deadly force against you. 
• Forcibly entering your home or attacking its occupants. 
• Committing serious felonies, including: 
• Kidnapping 
• First or second-degree assault 
• Burglary 
• Robbery 
• Forcible rape or sodomy 

Protections for Business Owners ​

The Stand Your Ground law extends protection to business owners and employees when: 

• The business is closed, and someone attempts unlawful entry. 
• Force is being used against staff members. 
• Serious crimes, such as robbery or assault, are taking place on the premises. 

Location Protections ​

This law allows individuals to defend themselves in: 

• Their home 
• Their workplace 
• Their vehicle 
• Any location where they have a legal right to be ​​​

Limitations of Alabama’s Stand Your Ground Law 

While Alabama’s Stand Your Ground law provides significant protections, there are exceptions. You cannot claim Stand Your Ground immunity if: 

• You were the initial aggressor. 
• You were engaged in illegal activity at the time of the incident. 
• The other person had a legal right to be present. 
• You used force against law enforcement performing official duties. 
• The situation involved mutual combat or was drug-related. 

How Our Firm Builds a Strong Defense 

Successfully asserting Stand Your Ground immunity requires a strategic legal approach. At JB Brown Criminal Trial Practice, we focus on: 

• Early Intervention – Law enforcement must rule out self-defense before making an arrest. Many officers are unfamiliar with this requirement, making immediate legal representation critical. 
• Gathering Evidence Quickly – This includes preserving video footage, conducting witness interviews, and securing forensic analysis to support your claim. 
• Filing a Stand Your Ground Motion – If applicable, we present evidence before trial in a Circuit Court hearing to prove your immunity by a preponderance of evidence. 
• Aggressive Litigation – If charges proceed, we build a defense based on forensic evidence, legal precedent, and expert testimony. 

The Stand Your Ground Hearing Process 

A Stand Your Ground hearing is held before trial to determine if immunity applies. If successful, the case is dismissed, granting full immunity from both criminal and civil liability.