Com. v. J.A., Mason District Court
January 2020
Assault charge dismissed under Kentucky's "Stand Your Ground" law. Kentucky law provides immunity to a person who uses force as permitted in KRS 503.050 [self-protection], KRS 503.055 [defense of dwelling, residence or occupied vehicle], 503.070 [protection of another], and 503.080 [protection of property] is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. The term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. A person who is not engaged in an unlawful activity and who is attacked in any place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.
Practice area(s): Criminal Defense
Court: Mason District Court