Criminal Defense in Kentucky

What are the Self-Defense Laws in Kentucky?

Kentucky has broad self-defense laws that allow a person to defend themselves from harm. The laws allow for the use of deadly force in certain situations. The self-defense statute is different from the statute that allows a person to use deadly force against an intruder.

According to the statute, the use of physical force is justifiable when you believe that the use of physical force is necessary to protect yourself from the use of unlawful physical force against you.

The use of deadly force is only justifiable when the use of deadly force is necessary to protect yourself from:

• Death
• Kidnapping
• Serious physical harm
• A felony act involving the use of force
• Sexual intercourse by threat or force
• Circumstances outlined in the Castle Doctrine statute

You do not have a duty to retreat before lawfully using physical force or deadly force, as outlined in the self-defense statute.

Self-defense is a common criminal defense used in cases involving battery, assault, murder, and other violent crimes. Even though you do not have the duty to retreat, self-defense may not be justified in all situations.

Using Self-Defense or Stand Your Ground as a Defense to Criminal Charges

You can use either statute as a defense to charges of assault, murder, or other violence. It is an affirmative defense that you must raise during a criminal trial. If a jury finds that you acted in self-defense or used force to lawfully defend yourself against an intruder in your home, it is a complete defense to the criminal charges.

However, there are cases in which self-defense may not work as a defense to the charges. For example, if you provoked the use of physical force by the other person, a claim of self-defense would not apply. You also cannot use a claim of self-defense when a police officer was arresting you.

What Should You Do if You are Arrested After Shooting Someone in Your Home?

Call 911 immediately to report the incident and request emergency medical services and the police. If you did not fatally shoot the person, you could continue to protect yourself if the person tries to harm you or your family members.

If you are pointing your gun at the intruder to keep the intruder from moving while you wait for the police to arrive, notify the 911 operator that you are holding a firearm. The operator needs to let the police officer know so they understand that you are not a threat. As soon as the first police officer arrives, follow the officer’s instructions immediately.

If you are arrested after the shooting, exercise your right to remain silent, except for stating that you want to talk to a criminal defense lawyer. Even though you may be innocent of the crime, you need to protect your legal rights. Do not answer any questions without a lawyer present.

Avoid discussing the matter with anyone except your lawyer, including your family and friends. Anyone you tell about the incident could be called as a witness. Your lawyer will give you additional instructions about the steps you need to take and the things you need to avoid to help defend yourself against the criminal charges.

Call Our Kentucky Criminal Defense Lawyer for a Free Consultation

If you face criminal charges because you shot someone in your home or defended yourself from harm, contact our office to speak with a Kentucky criminal defense lawyer. You may have one or more legal defenses that could result in the charges being dismissed or reduced.