Does Mississippi have stand your ground law?

JACKSON, Miss. – “Stand Your Ground” is a Florida law that came up several times during the George Zimmerman Trial, it has to do with protecting yourself using deadly force in self-defense. In Mississippi’s justifiable homicide laws there are two sections that are similar to “Stand Your Ground,” the “Castle Doctrine” and “No Duty to Retreat.” To prove either, you must first prove self-defense.

According to Ole Miss Law Professor, Phillip Broadhead. self-defense consists of three things: the other person has to be the aggressor, they have to have some design or intention to do you great bodily harm or death, and they have to have the means by which to do you this great bodily harm or death.

“You cannot provoke someone and then use deadly force against them,” said Broadhead.

After you have established self defense, the “Castle Doctrine” allows you to use deadly force to defend yourself if you are in your own home,  vehicle, or place of business.

In “No Duty to Retreat” you can use deadly force to defend yourself no matter where you are, as long as it is somewhere you are lawfully allowed to be and you are not doing anything illegal.

“The only difference between the two statues is, in Florida it says you have the right to stand your ground. Mississippi state doesn’t say that, but it goes a little further in the sense that the jury is allowed to be instructed by the judge that you can’t consider that the person did not try to retreat in your deliberations.”

You can check out Mississippi’s Justifiable Homicide laws here http://www.mscode.com/free/statutes/97/003/0015.htm

Under the Castle Doctrine, if an intruder enters your property without consent and you use reasonable force to remove them, then you are not legally liable for any injury they sustain after being evicted. There are exceptions to this rule if someone is injured while breaking in but the overall effect of the Castle Doctrine is that it removes most legal hurdles in defending yourself against someone unlawfully on your property.

A person is allowed to use defensive force when someone else has or is in the process of forcibly entering their legally occupied property. This includes any buildings on the property, not just a dwelling.

Mississippi law states that homicide is justifiable in certain circumstances:

• Any degree of force, including deadly, is permitted as long as a person is attempting to defend their personal space and/or are facing potential imminent death or great bodily harm if they do not do so.
• Civilians are able to use lethal force, whether by hand or weapon, to defend against a person trying to perform a felony attack on them, such as murder, assault or rape, or to protect someone else. 

The “Castle Doctrine” was originally based on Old English common law that says a person is allowed to defend their homes & property without any legal consequences.

The law is similar to stand-your-ground laws as it allows those who feel threatened on public property to defend themselves. The main difference between the two laws is that Stand Your Ground applies to public spaces while the Castle Doctrine only covers personal property.

After Mississippi passed the law, they reported a 5% decrease in violent crime. One important thing to note is that convicted felons are not allowed to possess guns legally. So, when the CATD exists, it will not reinstate their right. As a result, when felons use firearms in an attempt to protect property, they are still breaking the law.

In 2016, Wayne Parish was accused for the shooting death of a teenager who was allegedly breaking into his car. Two years later, in January 2018, Hinds County District Attorney announced the murder case had been dropped and that they were no longer actively prosecuting. This case shone light on the Mississippi law that outlines the right civilians have to protect one’s legally occupied place. 

What is the Castle Doctrine?

The Castle Doctrine was passed in Mississippi in 2006 and exists as an amendment to the country’s justifiable homicide law, which varies from state to state.

In Mississippi, the law states that a person is allowed to use defensive force if another person has or is in the process of forcibly entering the former person’s legally occupied property. This isn’t restricted to just a dwelling. It can extend to a business, place of employment or even a vehicle. 

A portion of the law states that homicide is justifiable in certain circumstances:

• Any degree of force, including deadly, is permitted as long as a person is attempting to defend their personal space and/or are facing potential imminent death or great bodily harm if they do not do so.
• Civilians are able to use lethal force, whether by hand or weapon, to defend against a person trying to perform a felony attack on them, such as murder, assault or rape, or to protect someone else. 

With the Wayne Parish case, surveillance cameras had captured footage of the teenager, Charles McDonald, being shot. He had been trying to break into Parish’s car when Parish, who was armed, came out to confront him. A struggle had ensued over the weapon and it went off, killing McDonald. Authorities recently confirmed that the charges against Parish had been dropped because McDonald had been attempting to break into the former’s vehicle – which is covered by the Castle Doctrine. 

The Castle Doctrine is based on Old English common law which states that a person is free to defend their homes and property without having to face legal consequences.

It is similar to stand-your-ground laws, which permits those to meet force with force if they feel a reasonable threat of death or bodily harm when on public land. The main difference between the two laws are the lands they cover – Stand Your Ground covers public spaces while the Castle Doctrine covers personal property. 

Since the law has been passed, it was reported that there had been an overall 5% reduction in crime in Mississippi. However, one important note is that convicted felons cannot legally possess a firearm so the Castle Doctrine does not reinstate a felon’s right to own a gun. As a result, convicted felons who use firearms in an attempt to protect their property will still face prosecution. 

Discuss Any Castle Law Queries with an Expert Today

If you have any queries or concerns about the Castle Doctrine, it’s always a good idea to speak to a legal expert. At Coxwell & Associates, our team of attorneys are experienced in handling a range of cases, from high profile criminal defense to civil lawsuits and personal injury. We offer compassionate and aggressive representation to clients throughout Mississippi. Contact us today at 1-601-948-1600, 1-877-231-1600 or click on the button below.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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