Also known as: retreat rule · retreat rules · no-retreat rule · no-retreat rules · duty to retreat · stand your ground · stand-your-ground rule
Written by attorneys · grounded in primary & secondary sources — see below
A set of common-law rules determining whether a person threatened with deadly force must attempt to withdraw before resorting to deadly force in self-defense. In the minority of jurisdictions following the traditional approach a defender must retreat as far as reasonably possible if the retreat can be accomplished in complete safety. Recognized exceptions eliminate the duty when the attack occurs in the defender's own home, while the defender is making a lawful arrest, or while the assailant is committing a robbery.
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Riley Rivera returns to the townhouse she has rented for five years and finds an intruder rifling through drawers. The intruder turns and advances while holding a metal object. Rivera steps back into the hallway but grabs a lamp and strikes the intruder fatally rather than exiting through the rear door. Because the confrontation occurred inside her dwelling the no-retreat exception applies and her self-defense claim is preserved.
Renee Rogers stands in a dressing room when Victor demands control of a locked trunk and advances aggressively. An open hallway leads to a secure empty corridor. Rogers could step into the hallway or surrender the trunk but instead strikes Victor with a heavy microphone stand causing serious injury. The availability of complete safety by retreating or complying removes justification for the use of deadly force.
Raymond Ramos and a coworker argue in the service bay where both regularly work. The coworker leaves then returns holding a raised wrench and advances toward Ramos. An open side door offers an unobstructed exit. Ramos strikes the coworker with a tire iron without attempting to leave. Because the location is a shared workplace and Ramos could have retreated safely the duty to retreat applies.
Robert Rivera is charged with murder after shooting an intruder inside his apartment. The state places the burden on Rivera to prove he had no safe avenue of retreat. Rivera shows the confrontation occurred entirely within his dwelling. The home exception eliminates any duty to retreat and the burden allocation does not alter the outcome.
Roger Ramirez participates in an armed robbery but claims he later acted in self-defense when the victim resisted. Ramirez knew he could have withdrawn from the scene before the fatal shot. The prosecution shows Ramirez's continued presence and failure to retreat negate any self-defense justification. The evidence of intent and the retreat rule together defeat the claim.
The castle doctrine removes any duty to retreat when the attack occurs inside the defender's own home. Long-term exclusive residential use, payment of rent, and maintenance of the premises establish the dwelling status even if legal title belongs to another party. The exception applies once the location predicate is satisfied regardless of available exits.
Supporting sources
A defendant must show that retreat was possible as far as reasonably necessary and could be accomplished in complete safety. Knowledge of a safe exit or the ability to surrender property to a person asserting a claim of right defeats justification for deadly force. The rule applies unless a recognized exception such as the home or arrest exception is established.
…bodily harm, and that her only means of escape from such danger was in the use of . . . force,” and (3) she “did not violate any duty to retreat or avoid danger.” Ibid. Martin argued that due process did not permit the State to impose the burden of proving self-defense on her, because proving self-defense would necessarily negate…
…turned and confronted her attacker instead of escaping. While we do not overrule our earlier holdings that a party has no
…might repel the attempt by force, and was under no obligation to retreat if the deceased attacked him with a knife. The general
…is for sanctuary and shelter, and shelter, if not sanctuary, is in the home. That there is, in such a situation, no duty to retreat
…No. 95-01121, on rehearing from 701 So.2d 562 (Fla. 2d DCA 1997). We rephrase the question as follows: SHOULD THE LAW IMPOSE A DUTY TO RETREAT
Supporting sources
The duty to retreat generally applies in a shared workplace when the defender knows the assailant also works there and the defender was the initial aggressor. An open exit that permits withdrawal in complete safety triggers the obligation. The rule distinguishes dwellings from shared work spaces to avoid unnecessary violence among co-workers.
Supporting sources
Once the home exception attaches the safety limitation on retreat does not independently require withdrawal. The rule focuses on the physical location of the attack rather than the availability of possible avenues of escape. Policy considerations favor protecting occupants who cannot realistically flee their own dwelling.
Supporting sources