Along with the traditional castle doctrine, which allows someone to use deadly force if a dangerous intruder enters their home, South Dakota also has a “stand your ground” law, which authorizes self-defense measures outside of one’s property. Under this provision, South Dakotans do not have a legal duty to retreat from someone whom they reasonably believe will cause them imminent harm, even in a public place. 

Since being established, there have been numerous instances where someone accused of a violent crime has cited the stand your ground law as a defense. Cases involving these claims can be very complicated as they require an assessment of what the defendant was thinking at the time, and often feature vastly different versions of what occurred leading up to the incident.  

South Dakota’s criminal justice system addresses stand your ground defenses at the outset of a prosecution, as the result might mean that there is little reason to move forward. If the defendant wishes to assert stand your ground as a defense, their attorney may file a motion requesting what is commonly referred to as a pretrial immunity hearing. 

At the hearing, the defendant may present evidence and witness testimony to support their claim of self-defense. This may include witness statements, physical evidence and expert testimony regarding the reasonableness of the defendant's belief that the level of force they used was necessary to protect themselves or their loved ones. Conversely, the prosecution can challenge defendant's assertion of self-defense. They might do so by cross-examining witnesses, presenting contradictory evidence and arguing that the defendant's purported fear of imminent harm was not reasonable based on the circumstances. 

After considering all the evidence and arguments presented at the stand your ground hearing, the judge will determine whether the defendant has shown that they were acting in legitimate self-defense. If the judge finds in favor of the defendant, the criminal charges may be dismissed. If the judge rules against the defendant, the case will likely proceed to trial.

Effective representation in a South Dakota immunity hearing requires a criminal defense attorney with a thorough understanding of the law and effective advocacy skills. If you’ve been accused of assault, or even homicide, but believe you were justified in your actions because you faced an imminent threat of harm, don’t hesitate to speak with a qualified lawyer. 

Located in Rapid City, Anker Law Group provides strong counsel in South Dakota stand your ground cases and other criminal defense matters. Please call 605-519-5967 or contact us online to set up a free initial consultation.