This guide discusses the Louisiana Stand Your Ground and Self-Defense Law
The Louisiana Stand Your Ground and Self-Defense Law
Louisiana Revised Statutes, 14:20(a), that is, La. R.S. 14:20(4)(a) provides,
"A. A homicide is justifiable:
When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
What Does the Louisiana Stand Your Ground and Self-Defense Law Mean?
This provision means that a person who is justified in using self-defense has no duty to retreat before he uses force or violence. In other words, a person who is legally allowed to use self defense and who is in a person where he has a right to be has no duty to retreat before using force or violence and may stand his ground and meet force with force."
Thus, if a person is lawfully in his car and someone tries to make an unlawful entry into the car, the person in the car has no duty to retreat. That person may use whatever force is reasonable under the circumstances in order to defend himself. This includes the use of "deadly force" if the person reasonably believes that the force is necessary to prevent the intruder from entering the car. So the person in the car does not to have to retreat or run from the car to seek safety elsewhere because there is no duty to retreat in Louisiana. A person may "stand his ground."
The same applies to a person who is in a house, apartment, or a place of business. It is not necessary for the a person in those places to believe that he is in danger of losing his life or receiving great bodily harm for the law allows the victim to use deadly force to prevent the intruder from entering the car, dwelling, or place of business.
When is the Law on the Use of Deadly Force Allowed?
La. R.S. 14:20(B) provides that there is a "presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:
(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred."
How to Contact Us
If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. (C) 2017 Gaynell Williams LLC Attorney at Law. Published August 24, 2017.
Additional resources provided by the author
For more information on the Louisiana Self-Defense and Stand Your Ground Law, please see Louisiana Criminal Law Treatise by Bobby M. Harges and Wendy K. Shea (Esquire Books, Inc. - www.esqbooks.com)
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.