The State of Florida, allows its residents to use deadly force in self-defense under the Stand Your Ground Law. In Section 776.012, the Florida Statutes state that a person is justified by the law to use deadly force if they reasonably believe that deadly force is necessary for preventing imminent death of themselves or another, serious bodily harm to themselves or another, or imminent commission of a felony (forcible).
Additionally, in Section 782.02 of the Florida Statutes, usage of deadly force is justified when an individual is resisting any attempt to murder the other individual or commit any felony upon themselves in the house where they are located. This means that if the defendant is in their home or vehicle, the Florida law will presume that they (the defendant) acted out of reasonable fear of serious bodily harm or imminent death in case the alleged victim unlawfully got in the house, remained in the house, or attempted to remove another person from the house against their will.
A person who unlawfully and forcedly enters or attempts to enter the home or vehicle of another person is presumed by the law to do so with the intent of committing an unlawful action involving violence or force.
When is it self-defense?
You have heard of cases where robbers or intruders broke into a person’s home and the owner of the home shot the intruders/robbers in self-defense. So, are there specific factors that determine whether the commission of murder was carried out in self-defense? Yes. In order to claim self-defense, you must:
- Ensure that you are not the aggressor in the situation
- Have used only enough force to deal with the threat e.g. you cannot use a gun in a fist fight
- Have a reasonable belief that the use of force is necessary for the situation.
- Have a reasonable belief that an attack from the aggressor is imminent
- Try to retreat where possible
Difference between Stand Your Ground Law and Castle Doctrine Law in self defense
Castle Doctrine is another self-defense law that allows a person to use force, including deadly force to defend themselves against an intruder on their property, in their vehicle, or their place of work. Additionally, Castle Doctrine allows a person to use force against an intruder that attempts to remove the person unlawfully and forcibly from their vehicle, home, or business.
Unlike the Stand Your Ground Law, the Castle Doctrine is subject to several limitations e.g. in case the intruder is just trespassing the person’s land and hasn’t tried to force their way into the person’s home, business, or vehicle, the owner of the land is not allowed to shoot the trespasser.
The property owner is allowed to brandish a weapon and threaten the trespasser to leave but the property owner is not allowed to discharge the weapon unless the trespasser responds with violent force and the property owner has to defend themselves.
This is why instead of discharging your weapon the moment you spot an intruder; it is advisable to ensure that the intruder is 50% or more inside your property before you shoot him outside of your property.
We are a criminal defense law firm in Miami and we are ready to assist you in case you committed any act in self-defense. Don’t hesitate to reach out to us immediately. Also, if you need Court Reporter Miami services, give us a call today for assistance.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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