What is the Stand Your Ground Law in Florida?
The ‘stand your ground’ law in Florida has been very controversial over the years, particularly since it was revised in 2005. The law allows Floridians to use deadly or non-deadly force without fear of prosecution. If you live in the state or you are planning to visit, it is important that you understand the law and how it impacts your rights. If you are in a situation that involves the stand your ground law, it is important to speak to a Fort Lauderdale stand your ground lawyer.
Stand Your Ground vs. Castle Doctrine
As the saying goes, “A man’s home is his castle.” Many states throughout the country have laws known as the ‘castle doctrine.’ Under these laws, individuals have the right to defend their home if someone threatens them or their family. Even the use of deadly force is allowed under the castle doctrine, but in some states, individuals defending themselves must attempt to retreat before using it.
The stand your ground law in Florida is different because there is no duty to retreat and it extends outside the home to any place where the individual has a right to be. Florida is one of 29 states that has stand your ground laws, and Puerto Rico has similar laws as well.
Stand Your Ground and Threats Outside of the Home
The stand your ground law in Florida also does not only apply to a person’s home. If you are lawfully on any premises other than your own property and you feel threatened, you have the right to use force, including deadly force to defend yourself.
Also, under the law, the use of force including deadly force is allowed to prevent a felony from being committed. This is an extension of the law that is not available in other states. For example, if you are in line at a gas station and an armed robber enters, asking for cash and threatening you and other customers, you have the right to defend yourself and those other individuals by using a weapon to prevent the crime from being committed.
When Does the Stand Your Ground Law Not Apply?
There are times when the stand your ground law does not apply and individuals can be charged with homicide, even if they were defending themselves. These situations are as follows:
- An individual was illegally on property or was committing a crime
- An individual was attempting to commit a forcible felony
- An individual was escaping the property after committing a forcible felony
- An individual was the aggressor, provoking someone else leading to a confrontation
- The other individual tried to leave the premises or otherwise withdraw from the situation
Call Our Stand Your Ground Lawyer in Fort Lauderdale Now
If you have been charged with a crime after defending yourself from harm, you need a strong defense. At Haber Blank, our Fort Lauderdale stand your ground lawyer can provide it so you have the best chance of beating the charges and retaining your freedom. Call us now at 954-767-0300 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.
Source:
flsenate.gov/laws/statutes/2018/776.012
