In Florida, a person is justified in using or threatening to use force against someone else if there is a reasonable belief that it is necessary to defend himself against someone else. Self-defense is a defense that allows someone to defend themselves or another from physical harm.
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If you are considering a qualified defense attorney, contact the Law Office of Ashley Aulls at (352) 593-4115. If you or a loved one are in need of a lawyer in Brooksville, North Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, or Bushnell, Florida, it is best to contact us as soon as possible after your arrest.
Self Defense Laws Information Center
What is a self-defense law?
Under Section 776.012, Florida Statutes, using non-deadly self-defense is justified if someone reasonably believes that force is needed to defend themselves against someone else.
Under Section 782.02, Florida Statutes, using deadly force is justified when a person is defending themselves against someone who is attempting to commit a felony upon them. This is also known as Florida’s “Stand Your Ground” law. You have the right to defend yourself and your property.
This means that you can threaten to use deadly force, actually use deadly force, and that you do not have to retreat when protecting your property. Some examples include:
1. Home Invasion
- If someone unlawfully enters a person’s home, the homeowner can use deadly force if they reasonably believe the intruder intends to commit a crime or harm the occupants. This is covered by Florida’s Castle Doctrine, which presumes a reasonable fear of death or great bodily harm in such cases.
2. Carjacking
- If someone attempts to forcibly enter a person’s vehicle, Florida law allows the driver to use deadly force if they reasonably believe their life is in danger or they are at risk of great bodily harm. The vehicle is treated similarly to the home under Florida’s laws.
3. Public Place Altercation
- In a situation where a person is physically attacked in a public place, they are not required to retreat if they are in a place they have a legal right to be. They may use deadly force if they reasonably believe they are in imminent danger of death or serious bodily injury.
4. Defending Others
- Florida law also allows the use of deadly force to defend others. For example, if a person witnesses someone else being violently attacked and reasonably believes that person is in danger of death or serious harm, they may intervene and use deadly force to protect them.
5. Burglary or Attempted Robbery
- If an individual is present during a burglary or robbery attempt and reasonably fears for their life, they may use force, including deadly force, to protect themselves. Florida law supports self-defense during the commission of forcible felonies.
6. Domestic Violence Scenario
- In a domestic violence situation, a person who is being physically attacked by a spouse or partner may use force to protect themselves. If they fear death or serious bodily harm, they may use deadly force without the obligation to retreat.
Defenses
To claim self-defense in Florida, the person claiming self-defense must have evidence supporting their claim.
1. Reasonable Belief of Imminent Danger
- The defendant must show that they had a reasonable belief that they were in imminent danger of being harmed or killed. This belief doesn’t have to be correct, but it must be reasonable from the defendant’s perspective.
- Example: If someone is threatened with a weapon, it may be reasonable for them to believe their life is in danger, even if the weapon later turns out to be fake.
2. Proportionality of Force
- The defendant must demonstrate that the level of force used was proportional to the threat faced. Deadly force is only justified if there was a reasonable fear of death or serious bodily harm.
- Example: Using deadly force (e.g., shooting a gun) to repel a physical attack would need to be justified by the seriousness of the threat (e.g., the attacker was armed or posed a lethal threat).
3. No Duty to Retreat (Stand Your Ground)
- In states like Florida with “Stand Your Ground” laws, a person may argue that they had no duty to retreat and were legally allowed to defend themselves. This defense applies if the person was in a place they had a legal right to be and were not engaged in illegal activity.
- Example: A person attacked in their own home or a public place does not have to attempt to flee before defending themselves with force.
4. Self-Defense in Response to a Forcible Felony
- If the defendant was responding to a forcible felony (such as a robbery, kidnapping, or assault), they can argue that the use of force was justified to prevent or stop the felony.
- Example: If someone is being mugged at gunpoint, using deadly force may be justified to prevent the crime from occurring or to protect their life.
5. Defense of Others
- A defendant can claim that their use of force was justified because they were acting to defend another person who was in imminent danger. The same rules apply to defending others as they do to defending oneself.
- Example: If a person sees someone being attacked and reasonably believes that the victim is in danger of death or serious harm, they may use force to protect that person.
Additional resources
- Florida Statutes Section 776.013: Florida statute defines standing your ground.
- Self-Defense and ‘Stand Your Ground’: The common law of standing your ground or self-defense in the United States.
- Castle Doctrine: Residents can use force and even deadly force to protect their property.
Criminal Defense Attorney for Hernando County
If you or a loved one has been arrested for self-defense, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.