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Understanding Stand-Your-Ground Claims in Violent Crime Cases

William L. Pomeroy Law Feb. 3, 2026

Women defending herself from attackerBeing accused of a violent offense can leave you shaken, confused, and worried about what comes next. Even when you believe you acted to protect yourself, the fear of arrest, court dates, and possible penalties can weigh heavily on your mind. 

Many people replay the incident again and again, wondering whether they made the right call and how the justice system will judge those few critical seconds.

William L. Pomeroy Law works with individuals in Brentwood, Tennessee, and the surrounding area who find themselves in this exact position. Attorney William L. Pomeroy represents people throughout Williamson County, Davidson County, and Rutherford County who need help explaining what happened and protecting their rights. 

If you’re concerned about whether your actions qualify for protection under Tennessee’s self-defense statutes, a conversation with a criminal defense attorney may give you clarity about where you stand. Reach out to William L. Pomeroy Law to discuss your situation and next steps.

How Stand-Your-Ground Rules Apply in Tennessee

Tennessee law recognizes that people who face an immediate threat don’t always have time to retreat before protecting themselves. The state’s Stand-Your-Ground provisions remove the duty to flee when someone is lawfully present and reasonably fears serious bodily harm or death. 

These rules appear in Tennessee Code Annotated § 39-11-611, which outlines when the use of force may be considered justified. Even so, invoking Stand-Your-Ground doesn’t stop an investigation. Police officers may still make an arrest, and prosecutors can still bring charges if they believe the statute doesn’t fit the facts. 

That’s one reason speaking with a criminal defense attorney early can matter so much.

Courts often review several factors, including whether:

  • You had a legal right to be where the incident occurred

  • You didn’t start or provoke the confrontation

  • You honestly and reasonably feared imminent harm

  • The force used matched the threat you perceived

These questions are rarely simple. Video footage, physical evidence, and witness accounts may point in different directions, and stress can affect how people remember events. A criminal defense attorney can examine those details and challenge claims that mischaracterize what took place.

It’s also important to remember that Stand-Your-Ground applies only in certain circumstances. Actions taken after a threat has passed, or force used in response to minor aggression, may fall outside the statute’s protections. Understanding those limits can shape how a case unfolds from the very start.

How Prosecutors May Challenge a Self-Defense Claim

When the state disputes a Stand-Your-Ground argument, it often tries to reframe the encounter in a way that undercuts self-defense. Prosecutors may focus on timing, severity, or prior interactions between the people involved.

Before diving into specific strategies, it helps to remember why these challenges arise. The prosecution carries the burden of showing that the law doesn’t apply, and that effort often centers on interpretation rather than undisputed facts.

Common prosecution approaches include:

  • Questioning immediacy: suggesting the danger wasn’t about to happen when force was used

  • Claiming provocation: arguing that words or actions helped spark the confrontation

  • Disputing proportionality: asserting the response went further than necessary

  • Highlighting inconsistencies: pointing to conflicting witness stories or statements

  • Emphasizing physical evidence: focusing on injury patterns or weapon placement

Each of these arguments can sound persuasive when viewed alone. Context, however, often tells a broader story. The pace of events, lighting conditions, background noise, and emotional stress can all affect perception in the moment.

After the state lays out its position, the defense has the opportunity to respond. A criminal defense attorney may cross-examine witnesses, question how evidence was collected, and present alternate explanations that line up more closely with what you experienced. These efforts can influence whether charges proceed, are reduced, or go to a jury.

What You Should Do After a Violent Encounter

The period immediately following an altercation can shape the entire case. Shock and adrenaline often cloud judgment, yet early choices may carry long-term consequences. Knowing how to protect yourself while remaining cooperative with emergency responders can make a difference.

Safety and medical care always come first. After that, keeping a clear head and seeking guidance can help prevent misunderstandings from taking root.

Important steps to consider include:

  • Getting medical attention: even small injuries can later become significant evidence

  • Limiting statements: waiting to give detailed accounts until speaking with counsel

  • Preserving items and records: clothing, photos, and messages may matter later

  • Identifying witnesses: names and contact details can fade quickly

  • Calling for legal guidance: early help can influence how the case develops

These actions don’t suggest wrongdoing. They simply protect accuracy and your right to a fair process.

Once immediate concerns are addressed, talking with a criminal defense attorney allows you to review what happened in a calmer setting. That conversation may cover how police reports are written, whether additional evidence should be gathered, and how upcoming hearings could proceed.

How Representation Can Shape the Direction of a Case

Stand-Your-Ground disputes require careful preparation and courtroom advocacy. Timelines must be reconstructed, physical evidence reviewed, and witness credibility assessed long before trial becomes a real possibility. For many people, having someone speak on their behalf during this time brings a sense of stability.

William L. Pomeroy Law assists clients by analyzing the circumstances surrounding an incident, reviewing law enforcement reports, and preparing arguments grounded in Tennessee statutes. Experienced criminal defense attorney William L. Pomeroy works with people accused of serious offenses and focuses on presenting their accounts clearly to judges and juries.

A criminal defense attorney may also:

  • File motions challenging unlawful searches or interrogations

  • Seek exclusion of unreliable evidence

  • Push for dismissal or reduced charges

  • Present self-defense arguments during hearings

  • Prepare for trial if negotiations don’t resolve the matter

These steps require persistence and careful attention to detail. When carried out effectively, they can counter narratives that portray self-protection as aggression.

Representation also means having someone explain what’s happening at every stage, from arraignment to possible plea talks to trial, so you’re not left guessing about your future. Working with a criminal defense attorney can give you a clearer picture of the road ahead and the options available to you.

Contact a Criminal Defense Attorney Today

William L. Pomeroy Law represents people in Brentwood, Tennessee, and throughout Williamson County, Davidson County, and Rutherford County who face violent crime allegations tied to self-defense. Attorney William L. Pomeroy helps clients work through Stand-Your-Ground claims with care and determination. If you need a criminal defense attorney to protect your future, call today.