As a Kentucky resident, you should be aware of the laws in your state and how they relate to your right to defend yourself and your property. There are two different types of general self-defense laws — one that applies when you are on your own property and one that applies when you are attacked somewhere else.
Kentucky has both laws in effect. The Castle Doctrine has its roots in old English Common Law, a body of unwritten laws based on legal precedents that were established by the courts. According to the doctrine, your home is your castle, and you have the right to defend it from intruders. Most states have a variation of the Castle Doctrine in their self-defense laws.
The differences between state laws involve whether there is a duty to retreat or if deadly force was necessary.
For example, some states rely on the courts to determine if the intruder intended to inflict serious bodily injury. Under changes made to Kentucky law in , a resident can almost always assume that the person breaking into their home means to cause harm. The law gives the resident the presumptive right to use or physical force or deadly physical force to repel any attacker or intruder. Duty to retreat is the legal principle that would require you to back away from a threatening situation rather than use self-defense by deadly force.
A person does not have a duty to retreat. They can use a weapon in a home, outside, in a parking lot, in a restaurant, movie theater and other areas. They can use guns if they are in areas where concealed weapons are allowed and they have a proper permit. This is why a Florida man would not face criminal charges for using a weapon. It was recently announced that a year-old man who pulled a gun on a man and his daughter shopping at a Walmart would not face criminal charges , as he was acting in self-defense.
The man accused of weapons charges was wearing a face mask when he entered the store, but took it off when his glasses started fogging up. A Walmart customer told him to put a mask on and hit him in the head with an umbrella. The man had a permit to carry a concealed weapon. The incident was caught on surveillance video. The law received support from the National Rifle Association.
The law is controversial, as many believe that it allows people to get away with gun violence. Several examples are provided below on how these defenses could play out, but these situations are always very fact specific and depend on the circumstances. For these reasons, nothing in this post should be considered as legal advice for your specific situation.
When and how can I use self-defense or defend others? Generally, the use of force against a person posing a threat must be reasonably necessary to protect yourself.
Further, the amount of force must be reasonable as well. For example, if someone is squirting your with a water gun you cannot attack them with a baseball bat.
On the other hand, if someone is attacking you with a stick you could probably defend yourself with a similar object. You can likewise use reasonable and necessary force to defend another person. When may I use deadly force? Deadly force may only be used if you reasonably believe that action is necessary to prevent death or great bodily harm or in lawful defense of another.
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