Can You Use Deadly Force Under Florida’s Stand Your Ground Law?

If you have found yourself in a situation where you have had to use deadly force to defend yourself or a loved one in Florida, you might be wondering, “Can you use deadly force under Florida’s Stand Your Ground Law?” It is vital to understand the legal limits of self-defense in case you find yourself facing criminal charges.

So, can you use deadly force under Florida’s Stand Your Ground law? Simply put, yes. However, not all situations warrant the use of deadly force. Below, we discuss when you are allowed to use deadly force under Florida’s Stand Your Ground law and what you should be aware of if you find yourself arrested and charged after using deadly force.

Florida’s Stand Your Ground Law

Florida is one of the states that has “Stand Your Ground” laws. These laws generally eliminate the duty to retreat before using force to defend yourself or a loved one. Florida’s Stand Your Ground laws are codified in sections 776.012 and 776.013 of the Florida Statutes. According to these sections, a person justified in using force (whether non-deadly or deadly) has no duty to retreat and has the right to stand their ground and use or threaten to use the force.

When Are You Allowed To Use Deadly Force?

Before delving into when you are allowed to use deadly force, you need to understand what deadly force encompasses. Deadly force is force that is likely to cause serious bodily injury or death. In Florida, you cannot use deadly force in all situations. You are only allowed to use this kind of force if you reasonably believe that such force is necessary to prevent imminent death or significant physical harm to yourself or another person, or to stop the imminent commission of a forcible felony.

Simply feeling threatened is not a reason enough for you to use deadly force. You or another person must be facing an immediate and serious threat. Otherwise, you are required to use reasonable non-deadly force.

Here are the important points to remember regarding using deadly force under Florida’s Stand Your Ground law;

• If you are somewhere you have the right to be, you don’t have the duty to retreat before using force in accordance with the law
• You must reasonably believe that deadly force is necessary. Reasonableness is determined by using the perspective of a rational person in the same situation.
• If you are the aggressor (meaning you started the conflict) or provoked an attack, you are not protected under the Stand Your Ground law.

Steps To Take if You Are Arrested for Using Deadly Force

If you are arrested for using deadly force, here are the steps to take to protect your legal rights;

• Contact a skilled criminal defense attorney immediately
• Do not talk to the police without an attorney
• Gather any evidence that supports your claim of self-defense, such as videos

Defending against allegations that you were not justified in using deadly force can be complex. An experienced Florida criminal defense attorney can help you argue why your actions were necessary.

Contact an Orlando Criminal Defense Lawyer

If you are arrested or charged after using deadly force, contact an experienced Orlando criminal defense lawyer at Joshi Law Firm, PA., for help protecting your rights and building a strong defense.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.012.html