Florida’s Stand Your Ground Law

The stand-your-ground law in the US is a firm opposite to the duty-to-retreat laws. In the US, the law protects an individual if he/she perceives or receives threat on his/her life—resulting in death, and limb—resulting in serious bodily harm; and proceeds to defend himself/herself forthwith. Furthermore, in his/her defense, the individual is authorized to use any level of force, including lethal, for the same reasons as erstwhile described; if he or she has a lawful right to be within the geographical area as at the time of receiving the threat.

A restricted variant of the stand-your-ground law, referred to as the Castle Doctrine, restricts self-defense by an individual in only scenarios when the home of the individual is being attacked. Castle Doctrine is adopted by 45 (forty-five) states and the US territory of Guam. Currently, the right of an individual to self-defense in other locations aside the home of the individual is accorded in the state law of 22 (twenty-two) states.

Other analogue terms of the “Stand Your Ground” laws include “No Duty to Retreat” and “Line in the Sand.” Similar interpretations of the law propose that an individual has no duty or other requirement to retreat or abandon a place in which he/she has right to be; nor is the individual under obligation of any kind to give up ground to an assailant.

Restrictions to this law may exist. For example, when in public, an individual following the terms of the law in carrying out self-defense must wield firearms in a legal manner, regardless of if it is wielded openly or concealed.

The “duty to retreat” laws, which stand-your-ground laws oppose, portend that under similar conditions an individual’s first response should be to retreat. However, if the threat persists, the individual may then use force in self-defense.

Historically, Florida was the first state to pass the stand-your-ground law. In time, other states followed suit with similar laws that affirm the right to self-defense with deadly force if necessary, if the threat is received within the home of an individual, and sometimes even outside of the home.

In general, the phrasing will vary across states; however, the law typically requires that an individual must have the right to be at a location to be covered by the law. Laws of this kind may fall into any of three categories listed below. Sometimes, they may overlap.

Duty to Retreat

  • An individual MUST retreat from a scenario where he/she feels threatened
  • An individual MUST only use deadly force as a last resort
  • The use of deadly force is not considered if the individual is safely inside his/her home

Castle Doctrine

  • An individual may only carry out self-defense if he/she is on his/her real property—home, yard, or private office
  • An individual has NO duty to retreat before the use of force
  • An individual may use deadly force in most situations

In some states, such as in Ohio and Missouri, a personal vehicle counts as personal real property, where self-defense is authorized.

Stand Your Ground

  • An individual has NO duty to retreat before the use of force
  • An individual is NOT limited to carry out self-defense, if threatened, only on his/her property

The Stand Your Ground Law Explained

Under the Florida State Stand Your Ground Law, the following is justified.

  1. An individual may threaten or actually use force, EXCEPT DEADLY FORCE, under the following circumstances;
    1. That the individual reasonably believes that self-defense according to the aforementioned directions (threat or actual use of force, except deadly force) is necessary to defend himself or herself or another against the aggressors imminent use of unlawful force
    2. That the individual does not have a duty to retreat before indulging in self-defense consistent with the aforementioned directions (threat or actual use of force, except deadly force)
  2. An individual may threaten or actually use force, INCLUDING DEADLY FORCE, under the following circumstance;
    • That the individual reasonably believes that self-defense according to the aforementioned directions (threat or actual use of force, including deadly force) is necessary to defend himself or herself or another such that imminent great bodily harm or death is prevented
    • That the individual reasonably believes that self-defense according to the aforementioned directions (threat or actual use of force, including deadly force) is necessary to defend himself or herself or another such that the imminent commission of a forcible felony is prevented
    • That the individual does not have a duty to retreat and has the right to stand his or her ground using self-defense consistent with the aforementioned directions (threat or actual use of force, including deadly force) if:
      1. He/she is not engaged in a criminal activity as at the time of the threat or actual use of force, including deadly force
      2. He/she is in a place where he/she has a right to be as at the time of the threat or actual use of force, including deadly force

Broward’s Leading Criminal Defense Attorney

Kenneth Padowitz strategically and aggressively defends those accused of State and Federal crimes, and utilizes all possible defenses on a case-by-case basis, including the Stand Your Ground Law. If you have been charged are believe you may be charged with a crime, contact Broward criminal lawyer Kenneth Padowitz today to discuss this important matter.