A South Florida Criminal Defense Lawyer Explains What You Need to Know About Self-Defense Laws in Florida
In the heat of the moment, you had to make a split-second decision to protect yourself. But now, you're the one facing serious criminal charges for defending yourself.
You survived a dangerous encounter, only to be treated like a criminal for simply exercising your right to self-defense. If you're in this terrifying position, you need an experienced criminal defense lawyer to explain self-defense laws in Florida and how to apply them to your case.
With over three decades of experience, The Law Offices of Robert David Malove fiercely advocates for Floridians who have defended themselves from harm. We believe in every person's right to protect their own life, and we fight to ensure you're treated justly by the legal system when you've had to exercise that right.
Florida's Stand Your Ground Statute
Florida Statutes §776.012 and §776.013, known as the "Stand Your Ground" laws, justify the use or threatened use of deadly force when a person reasonably believes it's necessary to prevent imminent death or great bodily harm to themselves or another or to prevent the imminent commission of a forcible felony. Likewise, you have the right to use nondeadly force if you reasonably believe it is necessary to protect yourself or another from the imminent use of unlawful force. Crucially, the law explicitly states that the person has no duty to retreat and has the right to stand their ground if they are in a place they have a right to be.
What does this mean in practice? If you are lawfully present somewhere, like in public or on your own property, you do not have to attempt to retreat from a threat before meeting force with force in defense of yourself or others. The law eliminates any duty to flee before fighting back.
Elements of a Strong Stand Your Ground Defense
To mount a successful Stand Your Ground defense, your criminal defense lawyer must demonstrate the following:
- Lawful presence. You must have been in a place you had a legal right to be, like in public or on your own property. Protections may not apply if you were trespassing or committing a crime.
- Reasonable belief of danger. You must have reasonably believed that force was necessary to prevent imminent death or bodily injury. The threat must be more than just words or a minor physical altercation.
- Appropriate level of force. The force you used must have been in proportion to the threat posed. Deadly force likely won't be justified to defend against non-deadly force, for example.
Common Criminal Charges Involving Claims of Self-Defense
Self-defense arguments under Stand Your Ground can arise in a variety of criminal cases, but some of the most frequent charges include:
- Assault and battery. Simple and aggravated assault and battery charges often stem from physical fights or confrontations where one party claims they were acting in self-defense.
- Domestic violence. You may have been defending yourself against an abusive partner. If that’s the case, an experienced domestic violence defense lawyer may raise a self-defense claim in your domestic violence case.
- Manslaughter. A person can face manslaughter charges if they unintentionally cause someone's death. But if that death occurred while defending oneself, Stand Your Ground may provide a complete defense.
- Murder. In murder cases where the defendant claims self-defense, the Stand Your Ground law can be pivotal. To succeed, the defense must show that the defendant reasonably believed deadly force was necessary to prevent imminent death or great bodily harm, had no duty to retreat, and used proportional force to the threat.
Immunity From Criminal Prosecution Under Stand Your Ground
A key feature of Florida's Stand Your Ground law is the immunity it provides from criminal prosecution. If your use of force was legally justified by Florida self-defense laws, you should not be prosecuted or convicted.
However, you need to raise the defense. You have the right to work with a skilled criminal defense lawyer who can help you understand self-defense laws in Florida and any other defenses that may apply to your case.
Attorney Robert Malove is Florida Bar Board Certified as an expert/specialist in Criminal Trial Law. He and his team will examine all possible defenses so that you are treated fairly if you had to act in self-defense.