CONSULTATIONS (352) 593-4115

In Florida, individuals can use reasonable force, including deadly force, to defend themselves against the imminent threat of unlawful force from another person under Florida Statute 776.012. 

The statute applies to situations where a person is facing immediate harm, whether at home, in public, or any other place where they have a legal right to be. Under this law, an individual may use non-deadly force to defend against a threat of physical harm. However, the law also allows for the use of deadly force if the individual reasonably believes that such force is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony, such as robbery or sexual assault. 


Brooksville Criminal Defense Lawyer 

The consequences of using force in self-defense can be complex, as the determination of what constitutes “reasonable” and “necessary” force often hinges on the specific circumstances of the incident. In cases where deadly force is used, the individual must show that they genuinely believed their life or safety was at risk. If successfully invoked, the self-defense claim can result in immunity from criminal prosecution and civil lawsuits. 

If you or a loved one has been charged with a crime related to the use of force, do not hesitate to contact the Law Office of Ashley Aulls at(352) 593-4115. The Law Office of Ashley Aulls can help you or your loved one with your case. 


Information Center for Use of Force in Defense of Person


What is the Use of Force in Defense of Person? 

Use of force in defense of a person can be defined as the application of physical force by an individual to protect themselves or others from harm. This can include: 

Self-Defense Against an Attacker:  

  • If someone is physically assaulted, they may respond with reasonable force to protect themselves. For instance, if a person is attacked by another individual, they might push the attacker away or strike back to escape the situation. 

Defense of Another Person:  

  • If someone witnesses another person being assaulted, they can intervene using reasonable force to protect the victim. For example, if a bystander sees a stranger being attacked, they might physically intervene to separate the attacker from the victim. 

Defense Against Domestic Violence:  

  • In situations where a person is being abused by a partner or family member, they may use force to defend themselves. For instance, if a woman is being threatened with a weapon, she might use whatever means necessary to disarm or incapacitate her attacker. 

Protection Against a Home Intruder:  

  • Homeowners may use reasonable force to defend themselves and their property against intruders. For example, if someone breaks into a home, the homeowner might confront the intruder and use physical force to protect themselves and their family. 

Preventing a Sexual Assault:  

  • If a person is threatened with sexual assault, they can use force to escape or incapacitate the assailant. For instance, if someone is cornered and attacked, they may use self-defense techniques to fight back and escape. 

Defending Against a Threat with a Weapon:  

  • If an individual is confronted by someone brandishing a weapon, they may have the right to use force to defend themselves, depending on the circumstances. For example, if a person is threatened with a knife, they might use a nearby object to defend themselves or attempt to disarm the attacker. 

Using Non-Lethal Force:  

  • Individuals can use non-lethal methods to protect themselves or others, such as using pepper spray or a stun gun against an aggressor who poses an imminent threat. 

Escaping from a Kidnapping:  

  • If a person is being forcibly taken against their will, they can use reasonable force to escape, such as striking the kidnapper or fleeing if the opportunity arises. 

Preventing an Assault on a Child: 

  • If a parent or guardian sees someone about to harm their child, they can intervene with reasonable force to prevent the assault. 

Back to top


Penalties 

The penalties associated with unlawful use of force in Florida can vary based on the circumstances: 

Misdemeanor Offenses 

Misdemeanor charges generally apply to less severe forms of unlawful force, like simple assault or battery, where no serious injury is inflicted. Penalties can include both fines and jail time. 

Simple Assault (Second-Degree Misdemeanor) 
  • Jail Time: Up to 60 days in county jail and/or 
  • Fines: Up to $500. 
Simple Battery (First-Degree Misdemeanor) 
  • Jail Time: Up to 1 year in county jail and/or 
  • Fines: Up to $1,000. 

Felony Offenses 

Felonies are more severe and can include the use of a weapon, serious bodily injury, or death. Penalties for felonies typically involve longer prison sentences and higher fines. 

Aggravated Assault (Third-Degree Felony) 
  • Prison Time: Up to 5 years in state prison and/or 
  • Fines: Up to $5,000. 
Aggravated Battery (Second-Degree Felony) 

Aggravated battery usually involves intentionally causing serious injury or using a deadly weapon. 

  • Prison Time: Up to 15 years in state prison and/or 
  • Fines: Up to $10,000. 
Manslaughter (Second-Degree Felony) 

Manslaughter occurs when unlawful force results in the death of another person but without premeditation. 

  • Prison Time: Up to 15 years in state prison and 
  • Fines: Up to $10,000. 
Manslaughter of a Child or Elderly Person (First-Degree Felony) 

This charge applies when the victim is particularly vulnerable, like a child or elderly person. 

  • Prison Time: Up to 30 years in state prison. 
  • Fines: Up to $10,000. 
Second-Degree Murder (First-Degree Felony) 

Second-degree murder involves killing another person without premeditation but with a “depraved mind” or reckless disregard for life. 

  • Prison Time: Minimum of 16.75 years, up to life in prison and 
  • Fines: Up to $10,000. 
First-Degree Murder 

First-degree murder involves premeditation or certain felony crimes resulting in death, such as during a robbery. 

  • Prison Time: Life in prison without the possibility of parole or the death penalty (if capital punishment is pursued) and  
  • Fines: Typically up to $15,000. 

Back to top


Defenses 

Common defenses for the use of force in self-defense under Florida Statute 776.012 include: 

Imminent Threat:  

  • The belief that there was an immediate threat of harm. 

Reasonableness:  

  • The force used was reasonable and proportional to the threat faced. 

No Duty to Retreat:  

  • Florida’s “Stand Your Ground” law allows individuals to use force without retreating when they are in a place they have the right to be. 

Back to top


Additional Resources 

Back to top


Contact a Lawyer in Hernando County 

If you or a loved one has been charged with a crime related to the use of force, 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. 

Back to top