Boca Raton Stand Your Ground/Forcible Felony Lawyer
Florida’s Stand Your Ground law gives everyone the right to defend themselves, their property, and others. However, there are circumstances in which using deadly force is not legal. In a scenario in which the threat of great bodily harm is called into question by law enforcement, the defender (you) can actually be charged with a crime, simply for enacting your rights. If this has happened to you, you must aggressively defend your rights to stay out of jail. A Boca Raton Stand Your Ground/forcible felony lawyer at Haber | Blank LLP will gather evidence, talk to witnesses, and build a case to clear your name of wrongdoing.
When Use of Force is Legal
Under Florida’s stand your ground law (statute 776.012), you are justified in using force (not deadly force) against another person if you reasonably believe it is necessary to defend yourself or another person against said individual’s unlawful use of force. Furthermore, you do not have to retreat in this situation. Under this subsection of the law, however, it is not legal to use deadly force, or to threaten deadly force. In order to use deadly force, there must be a real threat of bodily harm, or it must be used to prevent a forcible felony, as described below.
When Use of Deadly Force is Legal
It is justifiable to use or threaten deadly force if it is necessary to prevent imminent death or great bodily harm to yourself or another person, or to prevent the imminent commission of a forcible felony. You do not have a duty to retreat (AKA you can stand your ground) in this scenario, so long as you are not engaged in a criminal activity, and you are not trespassing.
What is a Forcible Felony?
Most people understand what the law means by standing one’s ground to defend themselves or another person, but what does the law mean by preventing “the imminent commission of a forcible felony?” Forcible felonies include:
- Treason
- Murder
- Manslaughter
- Sexual battery
- Carjacking
- Home-invasion robbery
- Robbery
- Burglary
- Arson
- Kidnapping
- Aggravated assault, aggravated battery, aggravated stalking
- Aircraft piracy
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Any other felony which involves the use or threat of physical force or violence against any individual
As such, you are fully within your rights to use deadly force against someone who is trying to commit carjacking, home invasion, robbery, or other crimes against you or another.
Call a Boca Raton Stand Your Ground/Forcible Felonies Lawyer Today
If you were merely protecting your property or defending yourself or another person against an attacker, yet you have been accused of violating the law, we can help. Our Boca Raton Stand Your Ground lawyer at Haber | Blank LLP has a deep understanding of how Florida’s self defense laws function, and we will do everything in our power to ensure that you are not wrongly convicted of a crime. Call us today at 954-767-0300 to schedule a free consultation.
