How To Protect Your Rights Under Florida’s Stand Your Ground Law
Florida is among the states with the strongest self-defense protections in the United States. Under the state’s Stand Your Ground Law, you don’t have a duty to retreat in certain situations, regardless of whether you are in your home or a public space. The Stand Your Ground Law allows you to use force, including deadly force, if the situation warrants it. However, while the law is designed to protect those acting in self-defense, many people are arrested and even charged with serious crimes after using force. If you were arrested after defending yourself or someone else, it is crucial to understand how Florida’s Stand Your Ground law works and what you can do to protect your legal rights. Read on!
Florida’s Stand Your Ground Law
Florida passed its Stand Your Ground Law in 2005. Under this law, a person has the right to use force, including deadly force, not just when they are in their home, but anywhere else they have the right to be.
Here is what Florida law says about using force to defend yourself or another person;
- Non-deadly force can be used if you reasonably believe it is necessary to prevent the use of unlawful force against yourself or another.
- Deadly force can be used if you reasonably believe it is necessary to prevent imminent death, significant physical injury, or the commission of a forcible felony such as burglary, robbery, arson, sexual assault, or kidnapping.
This means that while Florida law protects you in a wide range of self-defense situations, you don’t have unlimited permission to use force. The use of force must be justified.
It is vital to note that in Florida, Stand Your Ground does not apply in the following situations;
- You were engaged in criminal activity at the time
- You were in a place where you were not legally allowed to be
- You were the initial aggressor and provoked the violence
- You used force against a law enforcement officer
Protecting Your Rights Under Florida’s Stand Your Ground Law
If you were arrested after a situation where you believe you were acting in self-defense, it is vital that you understand the steps to take to protect yourself. Here is what to do;
- Remain Calm
The first thing you need to do is to stay calm. Panic can cause you to say or do things that can harm your case. Stay calm so you can think clearly about how to proceed.
- Stay Silent and Request an Attorney
Law enforcement will likely have questions for you. The best thing to do is to invoke your right to remain silent and request an attorney before answering any questions. This can help you avoid incriminating yourself.
- Gather and Preserve Evidence
If possible, secure any pictures, videos, or witness statements that can support your claim. You need evidence that shows the other person’s violent behavior or threats.
- Request a Pretrial Immunity Hearing
Florida law allows you to request a pretrial immunity hearing. During this hearing, a judge will determine if you should be granted immunity from criminal prosecution under Florida Statutes section 776.032.
- Work Closely With Your Attorney
Work with a skilled criminal defense attorney to review the facts of your case, challenge the prosecution’s claims, and ensure your rights are protected.
Contact an Orlando Criminal Defense Lawyer
If you were arrested after defending yourself or another person, contact our skilled Orlando criminal defense lawyers at Joshi Law Firm, PA to discuss your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776ContentsIndex.html
