Available 24/7
South Carolina law is clear. You have the right to self-defense, but this right only applies in certain circumstances.
Shealey Law Firm discusses self-defense laws in South Carolina.
When Do Self-Defense Laws Apply in South Carolina?
Self-defense laws apply in South Carolina when:
- The defendant is or believes they are in imminent danger of life or serious bodily harm.
- The person didn’t do anything to bring on the difficulty.
- If only a belief – the belief must be reasonable; OR If actual imminent danger, a person of ordinary prudence would have acted in self-defense.
- There was no other probable means to avoid death or serious injury (duty to retreat).
Note: The duty to retreat does not apply in all circumstances. The Castle Doctrine and Stand Your Ground laws apply in South Carolina, however, it’s important to understand when these exceptions apply, because they are limited.
What Are Self-Defense Laws in South Carolina?
Self-defense laws in South Carolina come from two sources. First, there is the statutory law, S.C. Code §§ 16-11-410 to 450. The law codified and extended South Carolina’s common law, removing the duty to retreat from the home or other lawfully occupied place. The law is the South Carolina Protection of Persons and Property Act.
The Legal Definition of Self-Defense
A person is justified in using deadly force against another person if there is use of force or threat of force against them or someone else. The law explains when the use of deadly force is reasonable.
Understanding South Carolina’s Castle Doctrine
The South Carolina Castle Doctrine, § 16-11-440(A), says that reasonable fear of great harm is presumed if the attacker is unlawfully and forcefully entering, or they have entered your:
- Home
- Dwelling
- Occupied Vehicle
or if the attacker is trying to remove someone against their will from any of these places. The person using deadly force must know the intrusion is occurring.
Exceptions to the Castle Doctrine in South Carolina
There are some exceptions to the castle doctrine in South Carolina. You can’t claim the castle doctrine if the intruder is:
- A lawful resident or home occupant, or vehicle owner/lessee
- Trying to remove their own child, grandchild, or the subject of their guardianship
- Law enforcement, identifying themselves, in the performance of official duties (known or should have been known as law enforcement)
Understanding South Carolina’s Stand Your Ground Law
§ 16-11-440 is the South Carolina Stand Your Ground law. The law removes the duty to retreat when a person is in a place where they lawfully have the right to be, like their home or place of business. The person may not be engaged in unlawful activity. The person may meet force with force to prevent death or great bodily injury or to prevent violent crime (§ 16-1-60).
The Duty to Retreat: Does It Apply in South Carolina?
Sometimes. Reading the Protection of Persons and Property Act, it may seem like South Carolina has fully done away with the duty to retreat. That is only the case in a person’s home or other place where they lawfully have the right to be, like a business. Based on cases decided after the law was passed, having no other probable means of avoiding the danger is still a requirement to proving self-defense in many cases (State v. Glenn; State v. Scott).
Can You Be Charged Even If You Acted in Self-Defense?
Acting in self-defense should keep you from being charged and even arrested in South Carolina.
However, that doesn’t always stop overzealous prosecutors from filing charges regardless. You can be charged if you act in self-defense; iIf charged, you must aggressively assert self-defense.
Legal Procedure for Asserting Self-Defense in South Carolina
There are two key points where you may claim self-defense in a South Carolina criminal prosecution. The first is at a preliminary Stand Your Ground or self-defense hearing, which is before the judge.
If the court refuses to dismiss your case at a preliminary hearing, you may still claim self- defense at your trial; you must present evidence of each element of self-defense and ask for a jury instruction.
Lawyer for Self Defense
Shealey Law Firm is highly experienced in asserting self-defense on behalf of our clients. If you are facing an investigation, or if you have been arrested, please contact us.