Fort Lauderdale Stand Your Ground/Forcible Felony Lawyer

An arrest does not always lead to a conviction. A significant number of arrests do not lead to guilty verdicts or guilty pleas. In order to convict a defendant, a prosecutor must prove a defendant’s guilt beyond a reasonable doubt. There are countless ways to defend a client against false accusations, poor police work, and cases in which the prosecution’s evidence is thin. Lack of probable cause, civil rights violations, inconsistencies in the prosecution’s case, chain of evidence errors, and false confessions are just a few common defenses. When it comes to assault and battery, self defense may be relevant, and Florida’s strong self defense/stand your ground law gives Floridians the right to use force and deadly force in order to protect themselves, their personal property, and other people. Here at Haber | Blank LLP, our Fort Lauderdale stand your ground lawyer is here to help you develop a strong, winning defense strategy.

The History of Self Defense Law in Florida

Many states have, or used to have, a castle doctrine, which allowed homeowners and tenants to use force and deadly force against an intruder, without having the obligation to attempt a retreat before using force. This differs from the type of self defense that is granted to individuals out on the street, in a bar, or at another public place or private business, where they would have to essentially exhaust all options of retreating or backing away before they would be legally allowed to use force to protect themselves. Florida, and many other states, have expanded the essence of the castle doctrine to all public and private places. In 2005, Florida removed the obligation to retreat, allowing potential victims of violence to stand their ground, and not have to turn their backs and flee in the face of an attacker.

What The Florida Stand Your Ground Law Says

Under Florida’s stand your ground law (statute 776.012), it is legal to use non-deadly force to protect yourself, your property, or another person if you reasonably believe it is necessary to defend yourself or another person against an attacker’s unlawful use of force. It is never necessary to retreat or attempt to flee before resorting to force. If you reasonably believe that you or another party is in danger of being seriously injured or killed, you have the right to use deadly force against the attacker. You also have the right to use deadly force to stop someone from committing a forcible felony, such as carjacking, arson, battery, aggravated assault, etc.

Call a Fort Lauderdale Stand Your Ground/Forcible Felony Lawyer Today

In order to use self defense as a criminal defense strategy and be immune from prosecution, you must prove that you were lawfully permitted to be where the incident occurred, you reasonably believed that you or another person was in danger, and the other party did not attempt to retreat or de-escalate. Our Fort Lauderdale stand your ground lawyers know how to accomplish this, and to keep you out of jail. Call us today at 954-767-0300 to schedule a free consultation.