Florida’s Stand Your Ground Law

Florida’s Stand Your Ground law is a provision within the state’s self-defense statutes that removes the common law duty to retreat before using force in certain circumstances. The law is codified primarily in Florida Statutes Chapter 776 and has been the subject of significant legal development since its enactment in 2005.

The Duty to Retreat and Its Removal

Under traditional common law, a person was required to retreat to the furthest extent possible before using deadly force in self-defense when outside their home. Florida’s Stand Your Ground law, enacted through amendments to Chapter 776, eliminated this duty in locations where a person has a legal right to be.

Florida Statute 776.012 provides that a person is justified in using or threatening to use force against another person when they reasonably believe such force is necessary to defend against the imminent use of unlawful force. The statute specifies that a person who uses or threatens to use force in accordance with this section has no duty to retreat and has the right to stand their ground.

Florida Statute 776.013 — Home Protection and Presumptions

Florida Statute 776.013 addresses the use of force in the context of home protection. The statute establishes a presumption that a person who uses defensive force against another who has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle had a reasonable fear of imminent death or great bodily harm.

This presumption does not apply in certain circumstances, including when the person against whom force was used had the right to be in the dwelling, when the person using force was engaged in criminal activity, or when the person against whom force was used was a law enforcement officer acting in the performance of official duties.

Florida Statute 776.032 — Immunity from Criminal Prosecution

Florida Statute 776.032 provides that a person who uses or threatens to use force as permitted under Chapter 776 is immune from criminal prosecution and civil action for such use of force. This immunity provision is separate from a self-defense claim raised at trial.

A defendant claiming Stand Your Ground immunity may file a pretrial motion requesting a hearing before a judge. Under the procedure established by the Florida Supreme Court and subsequent legislative amendments, the defendant bears the burden of proof at this hearing by a preponderance of the evidence. If the court grants immunity, the case is dismissed before trial.

Limitations on the Law

Florida’s Stand Your Ground provisions do not apply in all circumstances. The statutes provide that a person is not justified in using force if they initially provoked the use of force against themselves, unless they reasonably believed they were in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape before using force. The provisions also do not apply to a person engaged in criminal activity at the time force is used.

Right to Legal Representation

Any person charged with an offense involving the use of force in Florida has the right to legal representation at all stages of the criminal proceeding, including any pretrial immunity hearing.

Contacting a Criminal Defense Attorney

Florida law provides individuals the right to legal representation when facing criminal charges. Anyone charged with an offense involving the use of force in Indian River County or the surrounding area may contact a qualified criminal defense attorney to discuss their situation and legal rights.

To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.