To use deadly force without the obligation to retreat under the law, it is essential that the individual is legally present at the location of the incident and is not provoking the attacker. This requirement acknowledges the principle of self-defense, which allows a person to protect themselves when they are in an imminent threat of serious bodily harm or death.
Being legally present implies that the person has the right to be where they are—such as being on their property or in a public space—and this legal standing is a crucial aspect of justifying their use of deadly force. Additionally, not provoking the attacker is vital because if the person initiated the confrontation, their claim of self-defense may be weakened, as self-defense is intended for individuals who are the victim in a situation rather than aggressors.
Without these conditions being met—being in a lawful position and not engaging in provocation—the justification for using deadly force may not hold up in a legal context, potentially leading to criminal charges instead of justification under self-defense laws.