Florida’s stand-your-ground self-defense law is contentious, called a “get out of jail free card.” A defendant utilized the argument to justify deadly force in several cases, including Trayvon Martin’s. Chapter 776 of the Florida Statutes enables a homeowner to use lethal force if they fear for their lives or their family’s.
Discuss Florida’s stand your ground defense with a skilled criminal law attorney because it only applies in factually specific situations. Day in and day out, Valiente, Carollo and McElligott PLLC attorneys help defendants raise the stand your ground argument. Contact Valiente, Carollo and McElligott PLLC now for Miami or South Florida legal advice.
What Is The Stand Your Ground Defense?
Florida’s self-defense law includes the stand your ground law. According to the law, a person in his or her home, residence, or occupied vehicle has the right to stand his or her ground and use or threaten to use deadly force to prevent imminent death, great bodily harm, or a forcible felony.
When Does Stand Your Ground Apply?
A person must be in a habitation, residence, or occupied vehicle to assert the defense. A house or residence is a home, building, or tent where people stay overnight. A porch or other structure linked to a building or house is called a dwelling or residence.
A person must have legal access to the home to use the stand your ground defense. This is why “stand your ground” is called the “castle doctrine,” allowing a person to defend their house or “castle.” Most states have the “castle doctrine,” but Florida extends it beyond of a person’s home.
The defense requires a reasonable perception of impending death or grievous bodily damage. When a person is attempting to unlawfully or forcibly enter a dwelling, residence, or occupied vehicle or is removing another against their will, there is a presumption that they intended death or great bodily harm.
There must be a clear threat that someone will commit a crime at the domicile, residence, or inhabited vehicle. A burglar breaking into your home or a kidnapper trying to kidnap someone in the home or car are examples.
What Force May Be Used?
The stand your ground law enables deadly force in cases of imminent death or grievous bodily damage. Deadly force kills. The statute enables self-defense with deadly force, hence stand your ground is regularly employed in homicide situations.
What Are the Exceptions To Stand Your Ground?
Stand your ground only applies when the individual using deadly force is legally entitled to be and not committing a crime. Thus, this is not a defense for trespassing, breaking and entering, or other crimes that hurt others.
In circumstances where the individual using deadly force provoked the other or attempted to escape, stand your ground does not apply. Thus, this is not a defense for fighting or fleeing.
Stand your ground is not a defense when a law enforcement officer is attacked while on duty. This is not a defense if someone hurts a warrant-carrier or suspect-chaser.
What Is The Right To Stand Your Ground?
No retreat is required while standing your ground. The obligation to withdraw usually means a person should take an opportunity to avoid danger. Florida’s stand-your-ground law doesn’t require retreat. Thus, even if a person who used fatal force had the chance to leave, they do not need to try to escape to claim the defense.
Can Someone Standing His or Her Ground Be Prosecuted?
Prosecutors in Florida can rule that a person maintaining their ground is exempt from criminal and civil culpability. If the prosecutor rules that the stand your ground defense does not apply, the defendant must raise it. After the defendant establishes all defense factors, the prosecution must prove by clear and convincing evidence that the defendant was not standing his ground.
Contact a South Florida Criminal Attorney
If you are accused of a crime and believe you were justified in your defense, get legal representation immediately. Stand your ground defenses must be established early in the case. Valiente, Carollo and McElligott PLLC’s experienced criminal defense attorneys can help the prosecution grasp your case. With that counsel, our attorneys may avoid charges.