Alabama Self-Defense Law: Latest Updates

Summary Alabama has made significant changes to its self-defense laws since 2013, primarily focused on enhancing procedural protections for defendants claiming self-defense rather than modifying the substantive elements of justification. The most substantial changes include: (1) Act 2013-283, which added pretrial immunity hearing procedures allowing defendants to seek dismissal of charges before trial by proving self-defense by a preponderance of evidence; (2) Act 2016-420, which refined these procedural requirements; (3) new restrictions on law enforcement arrests requiring probable cause that force was unlawful before arresting someone claiming self-defense; and (4) constitutional amendments effective January 2023 creating enhanced self-defense protections specifically for church premises in multiple counties. The core substantive provisions of Alabama’s stand your ground law, castle doctrine, and use of force standards established before 2013 have remained unchanged.

[ Defense of Self and Others ] [ Non-Deadly Force ]

§ALABAMA (ALA.) CODE § 13A-3-23 (a) (1) – (3).

Use of force in defense of a person.

himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. . . [ Example: You can push someone away who is trying to hit you in the face with his fist. You would NOT be legally justified in shooting a gun or thrusting a knife at that person, unless he was using his fist to commit one of the serious crimes specifically mentioned in the [ Deadly Force ] section below. ]

[ Deadly Force ] [ Defense of a Third Person ]

[ Use of Deadly Force to Prevent Serious Felonies ]

[ (a) continued. . . ] A person may use deadly physical force, and is legally presumed person pursuant to subdivision (4), if the person reasonably believes that another person is:

(1) Using or about to use unlawful deadly physical force. [ In other words, like in most states, you can resist deadly force with deadly force. ]

(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling. [ You can use deadly force to defend someone in a dwelling who is being physically assaulted during a burglary, i.e. knowingly and unlawfully entering or remaining in a dwelling or building with intent to commit a crime therein. Notice the threshold for using deadly force is lowered when you are defending someone in your home. Outside your home you must be facing a threat of deadly physical force (such as an assault with a gun) before you can use deadly physical force (such as shooting a gun). ]

(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy. [ In most states, these are referred to as “forcible felonies” that trigger the justification to use deadly force. . . ]

[ Exceptions to Justifiable Self-Defense ]

§ALA. CODE § 13A-3-23 (c).

(c) Notwithstanding the provisions of subsection (a), a person is not justified in using physical force if: [ You can’t claim self-defense if you. . . ]

[ Provocation ]

(1) With intent to cause physical injury or death to another person, he or she provoked the use of unlawful physical force by such other person.

[ Initial Aggressor ]

(2) He or she was the initial aggressor. . .

[ Exceptions to the Exceptions ] [ Withdraw and Communicate ]

[ You can’t claim self-defense as an initial aggressor unless... ]

[ (2) continued . . . ] he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.

[ Mutual Combat ]

(3) The physical force involved was the product of a combat by agreement not specifically authorized by law.

[ No Duty to Retreat – Generally ]

§ALA. CODE § 13A-3-23 (b).

(b) A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground. [ This no-retreat provision was added in 2006. Before that, in any place besides your home, you had to retreat (if it could be done safely) before you could use a deadly weapon to defend yourself. . . ]

[ Defense of Person(s) in Special Places ]

[ Non-Deadly Force ]

§ALA. CODE § 13A-3-23 (a).

[ Deadly Force ]

§ALA. CODE § 13A-3-23 (a) (5).

(5) A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (4), if the person reasonably believes that another person is: (a) In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, or occupied vehicle, or is attempting to remove another against his or her will from a dwelling, residence, or occupied vehicle. . .

[ No Duty to Retreat From Special Places ]

§ALA. CODE § 13A-3-23 (b).

[ Reckless Injury to Innocent Third Parties ]

§ALA. CODE § 13A-3-21 (b).

(b) When the actor is justified under this article in using force upon or toward the person of another but he recklessly or negligently injures or creates a substantial risk of injury to innocent persons, the justification afforded by this article is unavailable in a prosecution for such recklessness or negligence towards innocent persons.

[ Civil Liability ]

§ALA. CODE § 13A-3-23 (d).

(d) A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.

[ Defense of Property ]

§ALA. CODE § 13A-3-26.

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises as defined in section 13A-3-20.

[ HELPFUL DEFINITIONS RELATING TO THIS STATE’S SELF-DEFENSE STATUTES ]

[ see definitions below ]

Recent Developments The most significant recent development in Alabama self-defense law since 2013 has been the enactment of constitutional amendments providing specific self-defense protections for church premises, effective January 1, 2023. These county-specific constitutional amendments in Limestone, Colbert, Talladega, Franklin, and Lauderdale counties create enhanced self-defense rights on religious property, including stand your ground provisions, presumptions of justified force, immunity from prosecution and civil liability, and pretrial hearing procedures. Additionally, Alabama made substantial changes to its law enforcement procedures regarding self-defense cases, including § 13A-3-23(e) which now prohibits law enforcement from arresting someone claiming self-defense unless there is probable cause the force was unlawful. These developments reflect Alabama’s continued expansion of self-defense protections beyond the major 2013 and 2016 statutory amendments.

• Constitutional challenges to pretrial immunity procedures under due process grounds
• Jurisdictional questions regarding county-specific constitutional amendments and their interaction with statewide statutory law
• Civil rights violations claims under 42 U.S.C. § 1983 in cases involving law enforcement investigations of self-defense incidents
• Firearm licensing and permit requirements as they interact with self-defense immunity claims

[ TEMPLATE Topics We Could Not Find Explained in Statutes or Cases ]

[ Committing Felony or Unlawful Act ]

[ Co-Habitants; Co-Employees – Duty to Retreat ]