Some states, such as Missouri, have laws permitting individuals to use force to defend themselves in public areas (commonly referred to as “Stand-Your-Ground” laws). Other states may have a law known as the Castle Doctrine, which often allows people within their home to use deadly force without first having to attempt to flee the area. Because of the inconsistencies in various states’ laws, many Nebraskans wonder when self-defense and the use of force are legally acceptable.
Details of Self-Defense Laws in Nebraska
Under Nebraska law, the use of force is allowed under specific circumstances. This includes situations in which a person believes that the force is necessary for protection against another unlawful force. This could include situations where a person is under assault by another individual and cannot flee the scene. A common example of this is when an individual is backed into a corner and being attacked by another person. It is important to note that force is only justified until it is safe to retreat or flee from the person imposing harm. Because of this, Nebraska is often referred to as a “Duty to Retreat” state.
Exceptions to Self-Defense Laws
In certain situations, the use of force is not a justifiable means of self-defense, according to Nebraska statute 28-1409. For example, if a person is being arrested by a police officer or law enforcement official, they may not use force to defend themselves. Similarly, when a person is illegally trespassing, they are generally not allowed to respond to the use of force by the property owner. However, the trespasser may respond with force if it is necessary to protect themselves from death or serious bodily injury with a few punches for means to escape, but they may not be protected under the law if they end up participating in a mutual fight
Is the Use of Deadly Force Ever Allowed?
According to Nebraska Revised Statute 28-1409 and section 28 – 1414, the use of deadly force is justifiable in select scenarios. This includes cases in which an individual believes that the use of deadly force is necessary to prevent death, kidnapping, sexual assault or serious bodily harm. However, state law denotes some exceptions to this rule. Individuals who provoked the use of force against themselves through action may not use deadly force. Similarly, the use of deadly force may not be justified when an individual believes the force could have been prevented by fleeing or complying with a demand.
Resources for More Information
There are many different aspects of Nebraska’s self-defense laws and relevant case law that could impact whether the use of force is justified in a certain situation. Because of this, it is recommended that individuals examine the state’s legal statutes to get more information about when the use of force might be appropriate. Additionally, an individual could contact an experienced Nebraska criminal defense lawyer for more information. An attorney could closely examine the specifics of your case and advise you on your potential options.