- Dorothy Naumann
- Indian River County, FL
What Florida’s Stand Your Ground law provides
Florida Statute 776.013 establishes that a person who is not engaged in criminal activity and who is in a place where they have a right to be has no duty to retreat and has the right to stand their ground and use or threaten to use force, including deadly force, if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony.
The statute extends the principle established in Florida’s Castle Doctrine, which applies to a person’s dwelling, residence, or occupied vehicle, to any location where the person has a legal right to be. Florida Statute 776.012 addresses the use of force in defense of person in locations other than a dwelling.
The immunity provision under Florida Statute 776.032
Florida Statute 776.032 provides immunity from criminal prosecution and civil action for a person who uses or threatens to use force as permitted by Florida Statute 776.011, 776.012, or 776.013. The statute specifies that a law enforcement agency may not arrest a person for conduct that is protected by the immunity provision unless the agency determines that there is probable cause that the force used was unlawful.
A person who claims immunity under Florida Statute 776.032 may file a motion to dismiss the criminal charges. The court holds an evidentiary hearing at which the defendant bears the burden of proving entitlement to immunity by a preponderance of the evidence. This standard was established by the Florida Supreme Court in Bretherick v. State, 170 So. 3d 766 (Fla. 2015).
Limitations on the Stand Your Ground immunity
Florida Statute 776.041 limits the availability of the justification of use of force for persons who are engaged in criminal activity, who provoked the use of force against themselves, or who are attempting to escape after committing a forcible felony.
The immunity provided by Florida Statute 776.032 does not apply when the person against whom force was used was a law enforcement officer acting in the performance of official duties and the person using force knew or reasonably should have known that the individual was a law enforcement officer.
The Stand Your Ground hearing process
When a defendant in a criminal case raises Stand Your Ground immunity, the trial court holds a pretrial evidentiary hearing. Both the prosecution and the defense may present evidence and call witnesses. The judge, not a jury, decides whether immunity applies.
If the court grants immunity, the charges are dismissed. If the court denies immunity, the case proceeds to trial, where the defendant may still raise self-defense as an affirmative defense to the jury.
Frequently asked questions
What does Stand Your Ground mean in Florida?
Florida Statute 776.013 provides that a person who is lawfully present in a location has no duty to retreat before using force, including deadly force, if they reasonably believe force is necessary to prevent death, great bodily harm, or the commission of a forcible felony.
How does a Stand Your Ground hearing work in Florida?
A defendant who claims Stand Your Ground immunity under Florida Statute 776.032 files a motion to dismiss. The court holds a pretrial evidentiary hearing where the defendant must prove immunity by a preponderance of the evidence. The judge decides whether immunity applies.
Does Stand Your Ground apply to all locations in Florida?
Florida Statute 776.013 applies to any location where the person has a legal right to be. Florida Statute 776.041 limits the immunity for persons who provoked the encounter or who were engaged in criminal activity.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.