Legal Definitions - no-retreat rule

The no-retreat rule is a legal principle, primarily found in criminal law, that allows an individual to use deadly force in self-defense without first attempting to escape or retreat from an attacker. This rule applies when a person reasonably believes they are facing an imminent threat of death or serious bodily harm, and there is no safe alternative to avoid the danger other than using force. In jurisdictions that follow this rule, a person is generally not obligated to flee from their own home or a place where they have a legal right to be, even if a safe escape route might theoretically exist.

Here are some examples illustrating the no-retreat rule:

• Example 1: Home Invasion

  A homeowner is awakened in the middle of the night by the sound of glass breaking. They discover an armed intruder in their living room, who immediately advances towards them with a weapon. Under the no-retreat rule, the homeowner is not legally required to try and run out of their house or find another escape route before using necessary force, including deadly force, to defend themselves and their home, provided they reasonably believe it is the only way to prevent death or serious injury.

• Example 2: Sudden Public Attack

  While walking down a city street, an individual is suddenly ambushed by an assailant who pulls out a knife and lunges at them without warning. In a jurisdiction with the no-retreat rule, the person being attacked is not obligated to attempt to flee or find a way to escape the immediate danger before defending themselves with proportionate force. They are permitted to stand their ground and use necessary force to stop the attack, given the sudden and deadly nature of the threat.

• Example 3: Workplace Confrontation

  During a heated argument at a construction site, one worker suddenly grabs a heavy pipe and swings it violently at a colleague's head, clearly intending to cause severe injury. The colleague, believing they are about to suffer grave bodily harm, is not legally required to attempt to run away from the immediate area before using reasonable force to disarm or incapacitate the attacker. The no-retreat rule allows them to defend themselves on the spot without first seeking an escape route, even if one might be available nearby.