In Florida, someone has the right to defend themselves against unlawful force under the “Stand Your Ground” law. This means that someone who acts in self-defense may be released from criminal liability for harm done to another person who was using unlawful force against them.
However, the defendant has the burden of proof and must provide clear and compelling evidence to convince a judge and jury that their otherwise criminal actions were necessary to protect themselves from harm.
Types of Self-Defense In Florida
In the state of Florida, there are generally two categories of self-defense: deadly and non-deadly force.
- Non-Deadly Force — You may be able to convince the jury in your case that you used non-deadly force to defend yourself. A good example of non-deadly force is punching or shoving someone away from you, or another type of force that was unlikely to result in the serious injury or death of someone else.
- Deadly Force — A person has the right to threaten the use of or engage in the use of deadly force to protect themselves against becoming the victim of a criminal offense under Florida state law. Examples of crimes that meet the qualifications for this type of defense are burglary, assault, battery, kidnapping, rape, and other similar offenses.
The “Stand Your Ground” Law Explained
The “Stand Your Ground” law states that if someone is in a location where they have permission or the right to be, they are no longer required to flee before employing lethal force. However, this law does not apply when someone is accused of criminal action.
The law does provide relief for defendants who used lethal force in situations where their person, immediate family members, home, or other property were threatened or harmed. It may also provide legal immunity to criminal defendants who were charged with using force that fell under the statute’s protections.
This means if someone broke into your home and you shot them, gravely injuring or even killing them, the “Stand Your Ground” law may allow you to be exonerated on the basis of self-defense, because the person you harmed was in the process of using unlawful force against you.
Have You Been Charged With a Crime After Defending Yourself?
If you have been charged with a crime after defending yourself from an attack Okaloosa County criminal defense attorney T. Martin Knopes at (850) 683-0700.