Self-defense laws in Arkansas can be complex, and it's important for individuals to understand their rights when it comes to protecting themselves and their property. A client recently asked me about these laws, and I wanted to share some key information to help others better understand their rights.
The general common law rule followed in Arkansas is that the victim of an unlawful attack may defend themselves with an amount of force proportional to the amount of force used against them. For example, while a gun can be used against a gun or knife-wielding assailant, it cannot generally be used against an unarmed attacker. Additionally, once your assailant breaks off their attack, you lose your right of self-defense and cannot hurt them anymore.
It's also important to note that you generally have no right of self-defense if you are the "initial aggressor," i.e. the first party to use unlawful force. Additionally, there are specific rules when it comes to using deadly force in self-defense. Arkansas requires that a person retreat, provided they can safely do so, before defending themselves with deadly force. However, retreat is not required if the person is in their home. Furthermore, while reasonable non-deadly force is allowed in defense of property, deadly force is allowed only in defense of persons. Additionally, Arkansas also permits the use of deadly force to prevent the commission of a violent felony.
It's also worth noting that the amount of force you are allowed to use in self-defense is the minimum necessary to stop the attack. So, even when dealing with an armed attacker, if you can make them break off their attack without killing them, you cannot do anything more.
In conclusion, self-defense laws in Arkansas can be complex, and it's important for individuals to understand their rights when it comes to protecting themselves and their property. It's always best to consult with a criminal defense attorney if you have any questions or concerns about self-defense laws in Arkansas. Remember that the use of force in self-defense must be proportional to the amount of force used against you, and that you lose your right of self-defense if you are the initial aggressor or if the attacker has broken off the attack.
