A large plurality of states (to include Tennessee), have adopted the no-retreat doctrine, which holds that one has no duty to retreat if threatened with violence, and if threatened within one’s home, can use any measure of force necessary.

The Kentucky Supreme Court is scheduled to hear argument on whether a man’s conviction for murder, and his forty-five year sentence, should be overturned because the trial judge did not instruct the jury that the defendant had no duty to retreat

FRANKFORT — The Kentucky Supreme Court plans to review two cases involving the state’s new self-defense law that allows people to shoot dangerous home invaders without fear of prosecution.

The National Rifle Association had championed the measure enacted in 2006, saying it simply codified a rule of law already observed by judges in Kentucky and elsewhere: That people have a right to use deadly force to defend themselves and their families when their lives are in danger.

NRA spokesman Andrew Arulanandam said the so-called “no-retreat” self-defense laws enacted in 22 states over the past three years are important because some jurisdictions have held that crime victims have a responsibility to flee rather than to defend themselves.

“We think that’s wrong,” he said. “It is vital for these crime victims to have as many options as possible available to them.”

This sort of situation comes up more often than one might think. Self defense is a valid defense to prosecution in Tennessee, and if you are charged with a violent crime, is an avenue of defense one should look at and pursue, if the facts allow it.

If you are charged with a violent crime, contact us so we can discuss your defense options. The doctrine of self defense may validly be on your side.