What Are Stand-Your-Ground Laws? | Criminal Defense Attorney, Wichita, KS

WICHITA, Kan., May 7, 2025 /PRNewswire/ -- Self-defense is a hot topic in the United States, leaving many individuals curious about the legalities of defending themselves and their property. You've probably heard the term "stand-your-ground" thrown around in conversation or on the news, but what does it actually mean? And more importantly, how does it apply here in Kansas? Our team at the McConnell Law Firm is detailing everything you need to know if you ever find yourself in such a high-stress situation. Find out how to protect yourself or your loved ones while abiding by the law directly from an expert criminal defense attorney in Wichita, Kansas!

What Are Stand-Your-Ground Laws?

To understand stand-your-ground laws, it's important to familiarize yourself with the "castle doctrine"—a common law principle stating that individuals have no duty to retreat from intruders in the home. Stand-your-ground laws are legal provisions that extend this principle, allowing individuals to use force, including deadly force, without the obligation to retreat if they believe it reasonably necessary to prevent great bodily harm to themselves or others. Essentially, this concept removes the duty to retreat before resorting to physical force to "stand their ground" and defend themselves from imminent threats, both inside and outside the home.

Understanding Kansas Law

The implementation of stand-your-ground statutes varies from state to state, with Kansas remaining among the 35 states adopting some version of these laws. The state's legal framework (Kan. Stat. Ann. §§ 21-5222) takes a hybrid approach, permitting individuals to use deadly force in self-defense situations without a duty to retreat when they are in a place where they have a lawful right to be (their home, place of work, vehicle, etc.). In short, if you are somewhere you have the right to be, you do not have a duty to retreat; you are allowed to defend yourself and your property. However, you must reasonably believe such force is necessary to prevent imminent death or great bodily harm to yourself or others.

Navigating Self-Defense Charges

Kansas statutes offer immunity from criminal prosecution and civil action to individuals who justifiably use force in self-defense, as outlined in the state's stand-your-ground laws. If an individual's use of force is deemed lawful under the self-defense provisions, he or she should be protected from potential legal repercussions. While Kansas law provides immunity from prosecution for justified use of force, law enforcement officers are not prohibited from investigating incidents and conducting thorough investigations to determine whether the use of force was justified.

Key Considerations

Reasonable Belief
In order to prove self-defense, a justification will hinge on the concept of "reasonable belief," meaning you must be able to prove you genuinely perceived an imminent threat. This perception must align with a reasonable person's belief under similar circumstances. In Kansas specifically, the "reasonable person" standard was eventually replaced with a "presumption of reasonableness" or "presumption of fear" standard, which shifts the burden of proof to the prosecutor.
Lawful Presence
The stand-your-ground provisions apply only when individuals are at locations where they have a lawful right to be. Being in a place unlawfully can undermine the ability to claim self-defense.
Use of Force
The force used to defend yourself must be proportionate to the threat faced. Using excessive force beyond what is necessary to prevent harm can lead to more legal challenges.

"Remember, just because somebody is in your home doesn't mean you have to use deadly force," said Jonathan W. McConnell, founding criminal defense attorney at the McConnell Law Firm. "Self-defense is considered to be any reasonable use of force to defend yourself or others, leaving many gray areas that will be dependent upon each specific case. If you have injured somebody else in the act of self-defense, you will need to contact an experienced criminal defense attorney immediately, as you may be charged and interrogated—they may even try to get an admission that it wasn't an act of self-defense."

Have You Been Accused?

Have you recently been charged? We encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting an experienced criminal defense attorney about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of a criminal defense attorney in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

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SOURCE McConnell Law Firm