Florida is famously aggressive with regard to its self-defense laws and the application of such laws. As such, if you have been charged with a violent crime in the state of Florida, you may be able to assert a defense on the basis of self-defense — whether the defense is successful depends largely on the total attack/defense situation, and whether you acted reasonably given the circumstances.
Florida Self-Defense Laws Section 776.012 of the Florida Statutes governs both the justifiable use of non-lethal and lethal force. Pursuant to the statute, an individual is legally entitled to use non-lethal force in order to protect himself if such force is necessary in order to protect himself against another person’s unlawful use of force. Florida law does not require that a victim retreat — or to look for avenues of retreat — in the event that he is being attacked (or are in imminent danger of being attacked). Florida’s self-defense laws have gained something of a reputation in recent years, with various high profile cases (involving self-defense claims) making national news. As these cases gained traction with the media, laypeople were familiarized with the term “Stand Your Ground” and its relation to self-defense. So, what exactly does it entail? The “Stand Your Ground” Rule The Florida “Stand Your Ground” rule was enacted into law in 2005 as a response to concerns about the duty to retreat in situations involving the use of deadly force. Before “Stand Your Ground” was incorporated into Florida law, individuals who were under imminent threat of death or serious bodily harm were first required to look for ways to reasonably avoid the dangers (including but not limited to making a full retreat). Implementation of “Stand Your Ground” made two significant changes to Florida self-defense law in situations involving the imminent threat of death or serious bodily harm.
Let’s examine each in turn. An individual is not required to retreat or to even attempt to find alternative means of avoiding the danger presented by an attacker. The removal of the duty to retreat led to an expansion of allowable behavior for the victim. Because there is no duty to retreat, the potential victim must be entitled to reasonably defend himself against imminent death or serious bodily harm. The law therefore entitles an individual to use deadly force to defend himself against an attacker, so long as the individual reasonably believed it necessary to prevent imminent death or serious bodily harm. It is critical, then, that an individual establish that he reasonably believed the use of deadly force was necessary to prevent imminent death or serious bodily harm. The “Stand Your Ground” rule creates a presumption of imminent death or serious bodily harm in situations where the attacker has unlawfully entered a residence or vehicle. As such, an individual may reasonably use lethal force to defend himself if the attacker has made an unlawful home/vehicular entry. An individual is therefore not required to reasonably believe that lethal force was necessary in the circumstances. The key determination for a jury when assessing any self-defense claim (lethal or non-lethal), is whether it was reasonable to believe that the use of such force was necessary, and whether there was the imminent threat of harm in the first place. If the defendant can prove that it was reasonable to believe that there was an imminent threat of harm, and that the use of force was justifiable given the circumstances, then the self-defense assertion is likely to be successful. If you have been charged with a violent crime, speak with an experienced criminal defense attorney as soon as possible.
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