West Palm Beach Stand Your Ground/Forcible Entry Lawyer
Florida was one of the first states to adopt a so-called “stand your ground” law, which differs from many states’ self-defense laws in that, when invoked, Florida’s stand your ground law enables an individual to stand their ground, as opposed to back away or try to escape before using self-defense as a last resort. If you were arrested for assault, aggravated assault, battery, aggravated battery, homicide, or any other violent crime in which you were merely protecting yourself, your property, or another party, a West Palm Beach Stand Your Ground lawyer can help you have the charges dismissed. At Haber | Blank LLP, we are firm believers in an individual’s right to protect themselves, and we will do what is necessary to protect your rights.
Self-Defense Vs. Stand Your Ground
Florida’s stand your ground statute (776.012), makes it legal for someone to defend themselves or another person against a perpetrator’s unlawful use of force. And, here in Florida you do not have to back away, try to escape, or otherwise retreat. This is the main difference between a traditional self-defense law and a stand your ground law. 11 states currently have self-defense laws that require an individual to retreat before using force if they can do so with absolute safety.
When Can You Use Force or Deadly Force?
It is legal to use or threaten to use deadly force when it is necessary to prevent imminent death or great bodily harm to yourself or another. It is also legal to use deadly force to stop a person from committing a forcible felony. Forcible felonies include the following:
- 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
In some cases it is legal to use force to protect yourself or another, but unjustifiable to use deadly force. This component of Florida’s stand your ground law is poorly understood by many people. Under Florida’s statute, you are “justified in using or threatening to use force, except deadly force, against another. . .” if it is necessary to defend yourself or another person against “the other’s imminent use of unlawful force.” But what does this mean? It means that in certain scenarios, it is only legal to use “non-deadly” force, which is defined as “force not likely to cause death or great bodily harm,” and can include hitting, pushing, striking, holding-down, or even using a weapon that is not likely to cause death or great bodily injury. For example, a court might find it legal to punch someone to the ground who is attempting to start a fight with you, but it would not be legal to shoot that person point-blank.
Call a West Palm Beach Stand Your Ground/Forcible Felonies Lawyer Today
Whether you were protecting yourself, your property, or another person, you had a right to do so under Florida law. We can help you beat the charges against you. Call the West Palm Beach Stand Your Ground lawyer at Haber | Blank LLP today at 954-767-0300 to schedule a free consultation.
