On November 13, 2011, New Hampshire made a significant change to its self-defense statute (New Hampshire RSA 627:4, Physical Force in Defense of a Person), particularly in relation to the use of deadly force.
This change has sparked much discussion about what the law permits or prohibits regarding citizens’ rights to defend themselves. Below are the key points to understand about this updated law:
Use of Non-Deadly Force
The law regarding the use of non-deadly force (force that is not likely to cause death or serious bodily injury) remains unchanged. In situations where you or a third person face potential harm, you are allowed to use non-deadly force if you reasonably believe that someone is using or about to use illegal non-deadly force against you or a third person.
However, if you are the initial aggressor in a situation, you are not permitted to use non-deadly force unless you make it clear to the other party that you wish to stop the confrontation and withdraw from the incident.
Use of Deadly Force
Deadly force refers to any force or action likely to cause death or serious bodily injury. The key change in the law affects the circumstances under which deadly force can be used.
Previously, New Hampshire law required a person to withdraw from a potentially deadly encounter if it was safe to do so. However, this did not apply if the individual was within their home or on their property.
Under the new law, if you are in a place where you are legally permitted to be (such as a public space or your home), you no longer have to withdraw from a potentially deadly encounter. Instead, you can defend yourself or a third person if you reasonably believe that you are facing an imminent threat of deadly force.
Non-deadly force can still be used if you reasonably believe you or a third person is at risk of harm.
As the initial aggressor, you must clearly communicate a desire to end the confrontation and withdraw to use non-deadly force.
Deadly force can be used in self-defense without the obligation to retreat if you are in a place where you are legally allowed to be and face an immediate threat of deadly force.
This change in New Hampshire law reinforces the right to stand your ground in self-defense situations, particularly in scenarios where retreat may not be possible or reasonable.
It’s important to understand that the use of deadly force is a serious legal matter and should only be considered when there is a genuine, imminent threat to your safety or the safety of others.
