The Brittany Smith stand your ground case grew out of a January 2018 shooting in Stevenson, Alabama, in which Smith killed an acquaintance, Todd Smith, during a violent attack in her home, then asked a judge to dismiss the murder charge under the state’s self-defense immunity law. The judge denied immunity, and Smith later accepted a plea agreement rather than take the case to a jury.
What Happened in January 2018
Todd Smith, an acquaintance, came to Brittany Smith’s residence. The visit turned into a physical confrontation, and according to reports Todd attacked Brittany, with the struggle moving through the home. Brittany’s brother arrived while the fight was underway and tried to restrain him.
Brittany was left with bite marks and bruises on her face and neck. While her brother wrestled with Todd on the floor, she picked up a firearm and fired the shot that killed him. Police arrived shortly after and found her in distress. Investigators documented where the body came to rest and where spent shell casings landed, building a record they would later use to test her account against the physical scene.
How Alabama’s Self-Defense Immunity Hearing Works
Alabama law lets a person use physical force to defend themselves or another when they reasonably believe it is necessary to stop the use of unlawful force. Before trial, a defendant can request a special hearing at which the court decides whether the force used was justified or unlawful.1Justia. Alabama Code § 13A-3-23
At that hearing, the burden sits with the defendant. She has to show, by a preponderance of the evidence, that she is immune from prosecution — meaning it is more likely than not that her actions satisfied the legal requirements for self-defense.1Justia. Alabama Code § 13A-3-23
If the judge finds that burden met, the court enters an order declaring the defendant immune and dismisses the charges. If the defendant does not meet it, the case proceeds to trial, where the state must prove the crime beyond a reasonable doubt once self-defense is raised.1Justia. Alabama Code § 13A-3-23
Why the Immunity Claim Did Not End the Case
To use deadly force under Alabama law, a person must reasonably believe it is necessary to stop someone else’s use of deadly force or the commission of serious crimes such as kidnapping, robbery, or burglary.1Justia. Alabama Code § 13A-3-23 When a judge denies immunity, it is usually because the evidence does not clearly support that belief.
Denials tend to follow factual disputes or gaps between what a witness describes and what the forensic record shows. If the placement of the body, the shell casings, or the injuries does not line up with the account of immediate danger, a judge can decide the question belongs to a jury rather than being resolved before trial. The fear of harm has to be reasonable on the facts as they stood in the moment, and where a judge cannot see an inescapable need for deadly force in the evidence, the motion fails and the prosecution continues.
How the Case Ended
Smith eventually resolved the murder charge through a plea agreement that avoided a long prison term. The resolution took the form of a split sentence, in which part of the term is served in confinement and the rest under supervision. She was released after a relatively short period in a state facility.
The remainder of her sentence is being served on supervised probation, with conditions set by the court. Under Alabama law, probation terms commonly include reporting regularly to a probation officer, staying within a defined area, avoiding harmful habits, places, and people, and maintaining suitable employment where possible.2Justia. Alabama Code § 15-22-52