Arkansas’s Stand Your Ground Law, formally enacted in 2021, significantly changed the state’s approach to self-defense. Under this law, individuals in Arkansas are no longer legally required to retreat before using deadly force if they are lawfully present at the location of the incident and are not engaged in criminal activity. This contrasts with the previous “duty to retreat” rule, which obligated people to avoid conflict by leaving, if possible, before resorting to force—even if they were facing a threat.
Now, in any place where a person has the legal right to be—including public spaces, homes, vehicles, or businesses—Arkansas residents may use deadly force if they reasonably believe it is necessary to prevent imminent death or serious bodily harm to themselves or others. The law specifically applies if the person facing threat is not the aggressor or initiator of the conflict and is not involved in any criminal activity at the time.
For a claim of self-defense under Ark. Code § 5-2-607 and related statutes, several key points must be considered. The threat must be immediate and credible—verbal threats alone do not justify the use of deadly force. The response by the individual must be proportional to the perceived threat: using deadly force is justified only if there is a genuine fear of serious injury or death. Once the threat has ceased, continuing to use force may result in criminal charges rather than a valid self-defense claim.
Arkansas’s law does not have a distinct “Castle Doctrine” statute as found in some states, but residents have the same right to self-defense without a duty to retreat when attacked in their homes or other places they lawfully occupy. However, even under this law, individuals are still scrutinized for the reasonableness of their actions, the nature and immediacy of the threat, and whether they contributed to the escalation of the event.
Self-defense cases under Arkansas’s Stand Your Ground law are often fact-specific and subject to judicial review. The law’s intent is to empower individuals to protect themselves without hesitation when faced with real danger, but it does not shield those who act as aggressors or use force unnecessarily.
Sources
[1] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-arkansas/
[2] https://en.wikipedia.org/wiki/Stand-your-ground_law
[3] https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-2/subchapter-6/section-5-2-607/
[4] https://bobbydigbylaw.com/self-defense-laws-in-arkansas-exploring-the-boundaries-beyond-stand-your-ground/
[5] https://www.hickeyandhull.com/our-blog/self-defense-laws-101-how-to-legally-protect-yourself-in-arkansas
