South Carolina Self-Defense
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How to fill out Self-Defense?
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FAQ
When can you legally "stand your ground"? In South Carolina, if you reasonably feel that you or another person is in immediate danger of death, serious bodily harm, or sexual assault, you have the right to use deadly force in self-defense.
North Carolina is a stand-your-ground state, meaning you can use force in self-defense without retreating first. Though this law can empower residents to protect themselves from threats, it is more complex than it might seem.
Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.
?Where two persons mutually engage in combat, and one kills another, and at the time of the killing it be maliciously done, it is murder; if it be done in sudden heat and passion upon sufficient provocation without premeditation or malice, it would be manslaughter.? State v. Andrews, 73 S.C. 257, 53 S.E. 423 (1906).
The doctrine of mutual combat has been recognized in SC since at least 1843.
You have a legal right to defend both yourself and others in South Carolina. If you are charged with a crime, the law requires certain elements to be met to succeed in these defenses. South Carolina also has a ?Stand Your Ground Law? that may provide immunity from prosecution altogether.
The common law principle of ?castle doctrine? says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. This principle has been codified and expanded by state legislatures.
