What Self-Defense Really Means in Mississippi
When someone is on trial in Mississippi and the defense is self-defense, the entire case can come down to one question: did the person reasonably believe they were in danger?
That sounds simple, but the legal definition of self-defense is far more detailed. In Mississippi trials where self-defense is the defense, the jury may be given the following instruction to explain exactly what self-defense means under our law:
"To make an assault justifiable on the grounds of self-defense, the danger to the Defendant must be either actual, present and urgent, or the Defendant must have reasonable grounds to believe that the victim intended to kill the Defendant or to do him some great bodily harm, and in addition to this, he must have reasonable grounds to believe that there is imminent danger of such act being accomplished."
Let’s break that down.
Actual or Believed Danger
There are two paths to claiming self-defense in Mississippi:
The threat was real and immediate - Someone was actually trying to kill or seriously hurt you, right then.
You reasonably believed the threat was real and immediate - Even if it turned out the other person wasn’t actually going to hurt you, what matters is whether a reasonable person in your situation would have believed they were.
In either case, it’s not enough to feel generally afraid or uncomfortable. The danger has to be imminent, meaning it was about to happen.
Reasonable Grounds Matter
Self-defense doesn’t mean you can act on paranoia or guesswork. You must have reasonable grounds to believe you’re about to be killed or badly hurt. That means your belief must make sense to others, not just to you. The law looks at the situation through the eyes of a reasonable person, not someone acting out of rage, revenge, or fear without basis. Now, the reasonableness of this is affected by the location you're in, which is where the Castle Doctrine comes into play (that's for another post).
The State Has to Prove It Wasn’t Self-Defense
Here’s the part many people don’t realize: the burden is always on the prosecution. The State has to prove, beyond a reasonable doubt, that the defendant did not act in self-defense. That’s a high bar. It means that if the jury has any reasonable doubt about whether the defendant reasonably acted to protect himself from an imminent threat, they must find him not guilty.
Why This Matters
Self-defense is not a free pass, and it doesn't guarantee acquittal. But it is a powerful legal principle rooted in common sense: you don’t have to die to avoid being prosecuted.
If you or a loved one is facing serious charges where self-defense might apply, it’s critical to work with lawyers who understand how to present that defense clearly, forcefully, and backed by evidence.
At Eichelberger Law Firm, we’ve successfully defended people in the toughest cases, including murder charges. If you're in a fight for your life in court, let us stand beside you.
Call us at 601-202-9981 to schedule a confidential consultation.