New Hampshire’s Stand Your Ground law, enacted in 2011, is a significant self-defense statute that allows individuals to use deadly force without the duty to retreat in any place they have a legal right to be.
This law expands upon the previous “castle doctrine” that only applied to one’s home and surrounding property.
Key Aspects of New Hampshire’s Stand Your Ground Law
Justified Use of Deadly Force : The law permits the use of deadly force against another person in the following situations:
- When someone is about to use deadly force against you or another person
- If a person is likely to use unlawful force while committing a burglary
- If someone is in the process of committing a kidnapping or forcible sex act
- If a person is likely to use unlawful force while committing a felony against someone in their own home or on the surrounding property
No Duty to Retreat : Unlike states with “castle doctrine” laws, New Hampshire’s Stand Your Ground law does not require individuals to attempt to retreat before using deadly force, as long as they are in a place where they have a legal right to be.
This includes public spaces such as streets, shops, and parking lots.
Reasonable Belief : The law stipulates that the use of deadly force must be based on a “reasonable belief” that such force is necessary to defend against the aforementioned violent crimes.
Comparison to Other States
New Hampshire is the only New England state with a Stand Your Ground law, while most other states in the region have “castle doctrine” laws.
At least 25 states have some form of Stand Your Ground law, although the specifics may vary.
Legal Implications
- Self-Defense Claims: The law strengthens self-defense claims by removing the duty to retreat, potentially making it easier for individuals to justify the use of deadly force in self-defense situations.
- Legal Protection: Stand Your Ground laws provide stronger legal protection for individuals who use deadly force in self-defense, shielding them from both criminal prosecution and civil liability.
- Burden of Proof: While the law provides broader self-defense rights, individuals must still prove that they reasonably believed they were in danger of death or serious bodily harm to justify the use of deadly force.
It’s important to note that while the Stand Your Ground law provides significant legal protection for self-defense, it does not give individuals carte blanche to use deadly force in all situations. The use of force must still be reasonable and proportionate to the perceived threat.
Source
https://www.citizenscount.org/issues/stand-your-ground-castle-doctrine
https://www.nh-criminalattorney.com/criminal-law/self-defense-alibi-cases/
https://nhlawyer.com/new-hampshire-firearms-law/self-defense-lawyer/