Common Misconceptions About Florida’s Stand Your Ground Law

Many people, if not everyone, know that Florida has a “Stand Your Ground” law. However, not everyone understands this law. This self-defense law has caused and continues to cause confusion among many. As criminal defense attorneys in Florida, we have seen how misunderstanding the Stand Your Ground law can lead to significant legal issues. That is why we are committed to decoding this law. In this article, we debunk some of the most common myths about Florida’s Stand Your Ground law.

Myth #1: Stand Your Ground Means You Can Use Deadly Force on Anyone Who Threatens You

False: While you are allowed to use deadly force, you cannot use it on anyone who threatens you. Lethal force is only justified under minimal circumstances. According to Florida Statutes section 776.012, you can only use such force if you reasonably believe it is necessary to prevent imminent death, serious injury, or a forcible felony like sexual assault. Prosecutors examine whether a reasonable person in the same situation would have felt the same looming, life-threatening danger. Being threatened by someone usually does not meet this high standard.

Myth #2: The Law Allows Unrestricted Use of Force in All Confrontations

Truth: To successfully invoke the Stand Your Ground statute, the threat faced must be imminent and reasonably perceived, and the force used must be proportional to the danger. For example, using a gun in response to a fistfight might not be justified.

Myth #3: You Have an Absolute Right to Not Retreat

False: While the Stand Your Ground law gives you the right not to retreat when faced with danger, this right is not absolute, meaning it can be taken away in specific situations. First, Florida law only removes the duty to retreat if you are somewhere you have the right to be, such as at home, in your car, or in a public place like a park. Second, you cannot claim that you didn’t have a duty to retreat if you were the initial aggressor or were engaged in a criminal activity.

Myth #4: The Stand Your Ground Defense Is Automatic

False: Stand Your Ground is an affirmative defense, which means that after you raise this defense, you must prove it. However, after an arrest, Florida law provides a path to assert your defense in a pre-trial immunity hearing before your case reaches a jury. At this hearing, a judge will hear evidence from both sides and decide if your use of force was justified. If you are granted immunity, the case will be dismissed.

Myth #5: Verbal Threats Justify the Use of Force

False: Usually, you cannot use deadly force just because someone verbally threatened you, and even in the case of non-deadly force, you may still need to show that you were justified in using the force.

Florida’s Stand Your Ground Law is a powerful legal defense when facing allegations of assault, battery, or even homicide. However, before raising this defense, it is crucial to understand that its application is complex and highly fact-specific. If you have been in a situation where you used defensive force, contact a skilled criminal defense attorney for a case evaluation. An attorney can help you navigate the complex legal process, assert the Stand Your Ground defense effectively, and protect your rights.

Contact an Orlando Criminal Defense Lawyer

If you’ve been involved in a self-defense incident, contact our skilled Orlando criminal defense lawyers at Joshi Law Firm, PA for a case assessment and help protecting your rights.