Back in ye olden days, almost all children lived in “traditional” households: a married mother and father, who had never been married before, and their pure biological children. Now, most children live in “nontraditional” households, usually a step-parent household. Other nontraditional households include grandparent-headed households. About ten million American children formally live in such an arrangement. Millions more technically live with a parent, but a grandparent provides considerable emotional, financial, and other support.

That emotional support includes protecting grandchildren from physical harm. For the most part, Tennessee has rather broad self-defense laws. These laws apply to both formal and informal living situations. In other words, even if you do not have full or even partial custody of your grandchildren, the law may protect you if you reasonably believe you need to defend them.

However, even if you are legally innocent of the charges, police officers can, and usually do, make arrests in these situations. The charges simply might not hold up in court later. Usually, if there is any evidence of a crime, especially a violent crime, officers err on the side of caution and slap the cuffs on people. An arrest is a very frightening experience, but try not to panic. A bail bond company near you, such as Fizer Bonding Company serving Robertson and Montgomery counties in Tennessee, can usually arrange for immediate jail release, even if you were compelled to use deadly force in defense of your grandchildren.

The concept of self-defense goes all the way back to the Code of Hammurabi, which was written about 4,000 years ago. Today, the defense takes various forms in various jurisdictions. In some states, self-defense is quite limited. But in the Volunteer State, protection is available whether you protect your grandchildren at home or in public.

This concept is central to self-defense, a doctrine that also includes defense of others and defense of property. As mentioned, this state’s self-defense laws are rather broad, but the Chicago way is usually against the law in Tennessee. The amount of force you use to protect your grandchildren must be reasonably proportional to the threat they face.

So, the R -word is central to a self-defense argument in Tennessee and pretty much everywhere else. Reasonableness is also the standard in other areas as well, most notably in the controversial stand-your-ground law, which is discussed below.

What does “ reasonably proportionate” mean in court? The dictionary definition of reasonableness, which is usually something like an act that is fair, practical, and based on good judgment, is pretty much useless. Instead, let’s look at some examples.

Assume an unarmed Conor McGregor threatens my grandchildren. In this instance, the Chicago way may be applicable, at least in part. I might reasonably believe I need a weapon, like a golf club, to protect them. In fact, I might reasonably believe I need a neutron bomb to protect them.

Now assume an unarmed local citizen threatens my grandchildren. I probably do not need a weapon to deter him/her. In fact, I might not even need to use physical force at all but instead a firm, “stay away from my grandchild” statement would be enough. Ultimately, if there was an altercation and an arrest is made and then a court hearing, the jury usually has the final word in these situations. 

Deadly Force

Special rules apply to deadly force used in self-defense. Even if it is reasonably proportional, the use of deadly force could still be illegal, at least in many states. But fortunately Tennessee has a stand-your-ground law. State law specifically gives people the right to use deadly force in defense of themselves or others. Not all states have such a provision. 

Moreover, actors (people who act in self-defense) in Tennessee do not have a duty to retreat before they use deadly force, as long as:

The “I thought he had a gun” defense, which police officers often find themselves having to claim in many on-duty shootings over the years, is the most problematic scenario. Especially in the dark and when their adrenaline is pumping, people could easily mistake almost any object for a gun or other weapon. 

Because there is so much grey area, if there is any possibility that the defendant might be guilty, police officers usually make arrests. More on that below.

This concept, which comes from the politically incorrect expression that “a man’s home is his castle” and is embedded in Section 39-11-611 , makes it easier to establish self-defense if the defendant was at home. It applies if the defendant used force that was “likely to cause death or serious bodily injury.” As a rule of thumb, if you have any weapon at all, such as the aforementioned golf club, the SBI (Serious Bodily Injury) presumption usually applies.

In Tennessee and other castle doctrine states, jurors must presume that you have a “reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest” if another person “unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle.”

Assume Conor McGregor knocked on my door and, after I opened the door, he threatened my grandchildren. Any defensive response is presumptively reasonable. The prosecutor must rebut that presumption in court. But if Conor McGregor stopped me and my grandchildren at the park and threatened them, I would have the burden of proof to show that my response was reasonable.

The castle doctrine and its liking are all affirmative defenses. A defense attorney must raise them in court, and a jury must embrace them. So, as far as police officers are concerned, they do not matter. All that matters is that a violent incident has occurred. Usually, officers feel the need to arrest someone, if nothing else to de-escalate the situation.

Officers only need reasonable cause for arrest. Courts give police officers considerable discretion in this area. So, if they believe an arrest is either justified or necessary, it’s very difficult to overturn that arrest.

Bail amounts are usually very high in violent crime cases, and personal recognizance release is almost always unavailable. Therefore, Fizer Bonding Company (Montgomery County bail bonds) must often do a bail bond for the arrested. 

Additionally, police officers could arrest grandparents who defend their grandchildren on technical grounds, such as possessing an illegal weapon or disorderly conduct. Several jail release options are usually available in these grandparent defending grandchild situations, especially if the defendant has a clean criminal record.

For more information about possible defenses to criminal charges contact your local defense attorney and for a fast and affordable bail bond to get out of jail quickly, contact the Clarksville, TN bail bondsmen at Fizer Bonding Company. We provide easy and convenient bail bonds for 10% – 15% of the bond. And we give free 24/7 bail bond consultations by phone or click here for more information. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s.  

Fizer Bonding Company in Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company in Robertson County Tennessee

(615) 667-1109

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