Can You Argue Self-Defense When Trespassing in Fort Lauderdale?

You may have heard that Florida has some of the strongest self-defense laws in the nation. In the Sunshine State, people have the right to exercise deadly force when faced with deadly threats. However, it’s important to note that even in a stand-your-ground state like Florida, these rights have limits. There are some situations in which defending yourself might be illegal, and one example involves trespassing. If you defended yourself while trespassing in Florida, you may wish to contact a criminal defense lawyer in Fort Lauderdale.

Trespassers Cannot Claim Self-Defense 

Generally speaking, Florida’s self-defense laws do not apply to trespassers. This is because you can only “stand your ground” if you were permitted to be in a specific place. Chapter 776 (Justifiable Use of Force) clearly states that one can only act in self-defense if they are “in a dwelling or residence” in which they have “a right to be.” If someone else has a right to be in a certain residence, you cannot exercise deadly force against them and later claim self-defense.

It is also worth noting that there is a “presumption of reasonable fear of imminent death” if someone else is trespassing on your property. Not only does the trespasser have no right to self-defense, but the property owner also has the right to exercise deadly force against the trespasser without much second thought.

Contact Haber & Blank, Attorneys at Law 

Florida’s self-defense laws can be quite complex. While online research provides a few basic insights, it only gets you so far. It may be difficult to determine whether you were justified in defending yourself without consulting a lawyer. To receive accurate guidance based on your unique situation, contact Haber & Blank, Attorneys at Law. During your consultation, we can review your circumstances and determine the most appropriate course of action. Reach out today to get started.

Sources: 

flcourier.com/news/lawyer-says-deputy-who-killed-u-s-air-force-airman-went-to-wrong-home/article_5760fdd2-19d1-11ef-82b7-2f99afde8b80.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html