Understanding the Stand-Your-Ground Law in Florida

In 2005, Florida became the first state in the nation to pass a “stand-your-ground” law. Twenty years later, people still have strong opinions and misconceptions about how it works and the legal protections it provides. Understanding the stand-your-ground law in Florida means being able to take more definitive and confident actions if you’re ever confronted with danger.

Even so, Florida’s stand-your-ground law is complex and case-specific. If you ever find yourself in a situation where you must use force against another person, seeking experienced legal assistance is vital. Attorneys often have the resources needed to fully investigate and litigate these claims.

What Is a Stand-Your-Ground Law?

Florida’s stand-your-ground law outlines the circumstances under which you can use force — including deadly force — to defend yourself in public. Notably, the law doesn’t require you to try to run away from a confrontation before using such force. Instead, you’re permitted to “stand your ground” so long as you do so within the parameters of the law.

The alternative to a stand-your-ground law is one that imposes upon you a duty to retreat. Under these laws, you cannot use deadly force to defend yourself from an attack unless you’ve exhausted all other options, including trying to run away from the threat. Fifteen states have laws that require a person to retreat in most, if not all, confrontations.

 

Legal Effect of Florida’s Stand-Your-Ground Law

When successfully invoked, the stand-your-ground law can protect you from being convicted of any crime related to your use of force against another. In some cases, you may not even face arrest or be formally charged with an offense. In more questionable cases, a successful stand-your-ground defense would result in a not-guilty verdict at trial.

The law can also protect you from civil liability.

Suppose that you’re walking in your neighborhood when you’re accosted by someone armed with a knife. You use a personal firearm to defend yourself and end up killing your attacker. You may be arrested and charged with a homicide offense for such an action. However, you and your Florida criminal defense attorney would likely raise a stand-your-ground defense. If successful, you would be found not guilty of any criminal offense.

The Florida criminal defense team at Taracks & Associates can help you navigate Florida’s stand-your-ground law. Contact us or call our firm at 813-281-2897.

Elements of a Stand-Your-Ground Legal Defense

What It Takes to Be Acquitted in Florida

It’s important to understand that stand-your-ground law in Florida doesn’t give you carte blanche to use deadly force in every case. To successfully invoke this self-defense law in your case, the following must generally be true:

You’re Legally Present Where the Confrontation Occurs

No matter where you and your attacker meet, the law requires you to have a legal right to be there. In other words, a stand-your-ground defense might not be available if you were trespassing somewhere at the time you were attacked.

You Aren’t the Initial Aggressor or Committing a Crime

You don’t have to retreat from a potentially dangerous situation; however, you can’t be the one to create that situation, either. If your words and actions provoke another person to threaten deadly force against you because they believe you’re threatening them, or you commit a crime first, Florida’s stand-your-ground law might not protect you if you kill that individual.

You Believe Your Life Is in Danger

The stand-your-ground law requires that you have a sincere belief that you’re at risk of imminent death or serious bodily harm before you can use deadly force against another person. It would be wholly inappropriate to invoke the law because you killed someone with whom you had a verbal disagreement.

Your Belief Must Be Objectively Reasonable

Finally, your subjective belief that deadly force was necessary must be deemed reasonable under the circumstances. This element is satisfied if the judge or jury believes a reasonable and prudent person in your situation would also have believed deadly force was necessary to protect themselves.

For example, you might sincerely believe your life was in danger because another person verbally insulted you. However, the court might decide that an objectively reasonable person wouldn’t share this belief. As a result, you could face criminal charges and be convicted.

How to Assert a Stand-Your-Ground Defense in Florida

Understanding stand-your-ground law in Florida involves knowing how it operates in practice. Every case is different, but you can generally expect the following after any violent altercation:

Call the Police

When you use deadly force against another while protecting yourself, it can be a physically and emotionally unsettling experience. Nonetheless, you should contact 911 and report the incident immediately. Make sure the dispatcher understands that your assailant is deceased and you need immediate assistance.

While waiting for the police to arrive, don’t alter the scene in any way. Don’t allow anyone to walk through the area where the confrontation occurred, and don’t clean up any blood or debris. The entire location might contain valuable evidence that could support your stand-your-ground claim. Interfering with the scene could lead to the unintentional destruction of this evidence.

If eyewitnesses are present at the scene, ask them to remain and speak to the police. If they refuse, try to get their names and phone numbers so law enforcement can contact them later. Resist the temptation to discuss the incident with witnesses or tell them what to say. Wait until you have your attorney with you before commenting about what happened.

Don’t Discuss the Incident Without a Lawyer Present

Once you’ve summoned first responders, your next step is to contact an experienced Florida stand-your-ground defense attorney.

Law enforcement officers will need to investigate the incident and will likely want to interview you. Even if you were fully justified in using deadly force, you’ll need a lawyer’s advice and assistance in answering the questions officers will have for you.

You May Be Arrested and Charged With a Homicide Offense

The state’s stand-your-ground law protects individuals in your situation from prosecution and conviction. However, law enforcement officers may nonetheless place you under arrest and charge you with a crime. They might do this if they don’t initially believe your story of self-defense.

If officers attempt to place you under arrest, it’s crucial that you not resist. Additionally, don’t make any further statements without your lawyer present. If this situation arises, your attorney can petition the court to secure your release pending the resolution of your case.

Raise the Stand-Your-Ground Law as a Defense

If the prosecutor initiates formal criminal proceedings against you, it’s your responsibility to raise the stand-your-ground law as your defense. Once you do, it will fall to you to prove each of the elements of the defense at an evidentiary hearing. This hearing will be held before the trial and will be presided over by a judge.

At the pretrial hearing, the judge might find that your use of deadly force was justified under the circumstances. They can make this determination based on a preponderance of the evidence. If this happens, the homicide charges against you will be dropped, and you’ll be released from further liability. Otherwise, your case will proceed to trial.

You can again raise your stand-your-ground defense and present the evidence supporting it at trial. Upon doing so, the jury hearing your case will decide whether your use of force was legally and factually appropriate. A favorable decision means the jury will find you not guilty of any homicide-related offense.

Challenges of Stand-Your-Ground Claims

While it may seem like the stand-your-ground law exists to protect you in emergency scenarios, the truth is somewhat more nuanced. In situations where you clearly weren’t the aggressor and you killed someone armed with a deadly weapon, employing a stand-your-ground defense may shield you from being arrested and charged.

In other situations, one or more circumstances might make proving self-defense under the stand-your-ground law more complicated. These could include the following:

The Aggressor Was Unarmed

To invoke the stand-your-ground law, you must have a reasonable belief that you were in imminent danger of great bodily harm or death. This proposition becomes more difficult to prove if the other individual wasn’t armed at the time of the confrontation.

You Initiated the Confrontation

It’s possible that you got into a verbal spat with the other person, and that initial argument spun out of control, necessitating the use of lethal force. Such a situation can be complicated to explain to a judge or jury, which can make proving lawful self-defense more difficult.

The difficulties increase even further if there are no witnesses to the argument or if available witnesses give conflicting accounts.

You Were Trespassing When the Incident Happened

The concept of “stand your ground” means you don’t have to retreat from someone who’s threatening you if you’re in a place where you have a legal right to be. If you aren’t authorized to be where the confrontation takes place, however, this could jeopardize your defense claim.

A judge or jury would need to know precisely where you were and why in order to evaluate your claim appropriately and decide whether your response was warranted.

You Committed Other Criminal Acts

Understanding stand-your-ground law in Florida means appreciating the limits of the law. While it might keep you from being convicted of a homicide offense, it doesn’t extend to other crimes you may have committed as part of the same incident. For example, if you gave officers false information during their investigation, you could still face charges for lying to the police.

These and other potential difficulties in complex self-defense cases emphasize the need to hire a qualified Florida criminal defense attorney with experience handling stand-your-ground defense claims. Retaining counsel promptly will give your attorney more time to obtain and preserve crucial evidence and work to protect your rights.

How a Stand-Your-Ground Attorney in Florida Can Help You

Aside from working to preserve evidence and helping you answer law enforcement officers’ questions, a knowledgeable defense lawyer will also perform the following key tasks:

Review the Prosecution’s Evidence

Your attorney will obtain copies of the reports and witness statements law enforcement officers gathered as part of their investigation. This information will help them identify the potential difficulties your self-defense claim might face in court. It can also expose areas of your case that weren’t thoroughly investigated and require additional attention.

Secure Your Release From Jail

If you’re arrested, your lawyer can petition the court to secure your release until your case is decided. Courts must consider numerous factors in determining whether accused offenders should be released and under what conditions. Your attorney will know these factors and how to persuasively argue them to the court.

Prepare You for Court Hearings

Unless there are numerous witnesses who saw the encounter and are willing to attest that your use of force was justified, you’ll likely need to testify at one or more court hearings.

Knowing how to testify effectively and answer questions credibly during cross-examination aren’t skills most people possess naturally. Your attorney can work with you to make sure you’re prepared and confident when telling your story in court.

Florida’s Stand-Your-Ground Law and Your Right to Self-Defense

The stand-your-ground law in Florida is meant to affirm your right to defend yourself against a serious or potentially deadly attack. You don’t need to be a victim of violence or attempt to avoid a confrontation that you didn’t start in order to employ this defense. However, applying the law doesn’t always result in a quick dismissal or reduction of charges.

If you had a legitimate fear of imminent death or great bodily harm, the state’s stand-your-ground law could prevent you from being convicted of homicide. To ensure that the court will consider all the relevant evidence when hearing your case, it’s wise to work with an experienced Florida criminal defense attorney from Taracks & Associates.

If you’re facing criminal charges because you defended yourself from an attack, contact Taracks & Associates at 813-281-2897 immediately to get a skilled defense lawyer in your corner.