Nebraska does not have a traditional “Stand Your Ground” law. However, the state does have a self-defense law that provides certain legal protections to individuals who use deadly force in self-defense.
Nebraska’s self-defense law is codified in Neb. Rev. Stat. § 28-1409, which states that a person is justified in using deadly force in self-defense if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to themselves or another person. The law also states that a person is not required to retreat before using deadly force, even if they have the opportunity to do so.
In order to claim self-defense under Nebraska law, the person using deadly force must meet the following requirements:
- They must have a reasonable belief that they or another person is in imminent danger of death or great bodily harm.
- They must have used deadly force only as a last resort, after all other reasonable means of avoiding the danger have been exhausted.
- They must not have been the initial aggressor in the situation.
If a person meets these requirements, they will be justified in using deadly force in self-defense, even if they do not have a duty to retreat.
It is important to note that the burden of proof in a self-defense case lies with the person who is claiming self-defense. This means that the person who used deadly force must prove by a preponderance of the evidence that they met the requirements for self-defense set forth in Neb. Rev. Stat. § 28-1409.
If a person is convicted of using deadly force in self-defense, they may still face criminal charges, but they may be eligible for a reduced sentence or even acquittal.