Plantation Stand Your Ground/Forcible Felony Lawyer
Here in Florida, people have the right to stand their ground and use deadly force to ward off an attacker. Because of our state’s strong self-defense laws, you may have a good chance at using Florida statute 776.012 to defend yourself a second time—this time in a court of law. If you were arrested for assault, aggravated assault, battery, aggravated battery, or homicide, our Plantation Stand Your Ground lawyer at Haber | Blank LLP are available to review the evidence and circumstances of your case to tell you whether you have grounds to use this line of defense.
The Use of Force
If you reasonably believed that using force to defend yourself or another person was necessary to defend against another person’s imminent and unlawful force, you were within your rights. You do not have to back down, retreat, bargain or negotiate with the other person before using force. However, the use of deadly force must be reserved for situations described below.
The Use of Deadly Force
Florida gives individuals the right to use deadly force when they reasonably believe “that using or threatening to use such force is necessary to prevent imminent death or great bodily harm” to themselves or another person. It is also entirely legal to use or threaten to use deadly force to prevent a forcible felony. Furthermore, said individual “does not have a duty to retreat and has the right to stand his or her ground.”
Using Deadly Force to Stop Forcible Felonies
Most people understand what it means to defend himself or another person against a violent attacker, but what does the law mean when citing “forcible felonies?” Forcible felonies are any violent offense, or offenses that use the threat of violence. If you were not involved in a criminal act yourself, and you had a legal right to be present in the location where the incident took place, it was entirely within your rights to use force or deadly force to stop the other person from committing any of the following acts:
- Murder
- Manslaughter
- Aggravated assault
- Aggravated battery
- Aggravated stalking
- Sexual battery
- Carjacking
- Home-invasion
- Robbery
- Burglary
- Arson
- Kidnapping
- Aircraft piracy
- Any other violent crime
Furthermore, you do not have to retreat under these circumstances. This means, for example, that if you witness a perpetrator snatch someone’s wallet or purse, you have the right to use deadly force to stop the individual. However, it would not be permitted to use deadly force to stop a nonviolent crime, such as shoplifting.
Call a Plantation Stand Your Ground/Forcible Felonies Lawyer Today
There are many nuances to Florida’s self-defense law that even those within the law enforcement and criminal justice system do not seem to grasp. As such, it is understandable that you may have questions about the lawfulness of your own use of self-defense. To learn more about your options of using this statute to stay out of jail or prison, call the Plantation Stand Your Ground lawyer at Haber | Blank LLP today at 954-767-0300 to schedule a free consultation.
