Florida has in recent years reasserted homeowners’ rights to self-defense while home in the so-called “castle doctrine.” The state also affirms your right to use (or threaten to use) force to defend your property, providing more protections than many other states in this regard.
However, the reality of how property defense cases are handled is very different. Many, including some in law enforcement, do not agree with the state, and a person may find themselves charged with assault after property defense.
In this article, we’ll go over Florida’s property defense law and why it’s important to speak with an attorney after a self-defense incident. We’ll also go into some of the limitations of the law.
Acceptable Use of Force
Florida Statutes Chapter 776.031 – Use or Threatened Use of Force in Defense of Property provides a upper limit to the acceptable amount of force usable in a self-defense incident. The statute reads as follows:
A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect.
There are a few key points here:
- Force – You are authorized under law to use real force so long as you do not kill the other party.
- Threat of force – Under Florida law, the threat of force may also constitute assault. This includes something as innocuous as showing you have a firearm or simple as pulling out a knife.
- Property Ownership – This law applies to any physical property owned by you, someone in your house or your immediate family, or someone you have a legal obligation to protect. This law does not apply to your home, as that is covered under another law.
- Retreat – Unlike other laws, you are not required to retreat before using or threatening to use such force.
Deadly Force
The state only authorizes deadly use of force if your intention is to stop the imminent commission of a forcible felony. Robbery, carjacking and rape are a few crimes that are considered forcible felonies.
What Does It Look Like?
What does this law look like when put into practice?
Scenario 1: A man attempts to carjack you. He points a gun at you and tells you to step out of the car.
Under the law, you have a right to protect your car, so long as you do not endanger others. This means that you may be legally allowed to shoot the carjacker while he is attempting to take the car. While not explicitly stated, you generally do not have the right to shoot someone in the back.
The reason you can use deadly force in this context is because carjacking is a forcible felony. These are the only types of crimes for which you can use deadly force. Simple crimes like petty theft and pickpocketing are not eligible for such response.
Scenario 2: While you’re walking down the road, a man attempts to grab your purse. You dig out your pepper spray and you use it.
Pepper spray, tasing, shoving and other forms of physical contact that would otherwise constitute assault are generally considered legal in this context because you are protecting your property.
Role of a Lawyer in Property Defense Cases
The role of a lawyer is to secure the best possible outcome for their client. In these cases, it’s to prove that either:
- You did not actually use force or
- You were allowed to use force and/or
- You were allowed to use the level of force that you did.
As a law firm, we accomplish this in several ways:
- Gathering evidence such as:
- Video Evidence – a dashcam, phone recording, security camera or other video recordings are the gold standard of evidence. Luckily, more and more cars have dashcams, which may help tremendously if you fend off a would be car robber or carjacker.
- Witness Testimony – short of video, having multiple witness corroborate the story that you were almost robbed helps a great deal. Part of our job as attorneys is to find these witnesses and present an affidavit to the court showing that multiple people saw you almost get robbed.
- Police Reports – In addition to the above, police reports are often great evidence as the police tend to interview witnesses.
- Filing documents: We will file all of the documents for the court case. Assault cases take a lot of personal time to complete – from subpoenas to filling out paperwork, there’s often little time to go to work and interact with your friends and family. If law enforcement is set on filing charges, they will make your life miserable. Luckily, we handle all of the paperwork on your behalf. We still need your help securing documents, but we handle the filing.
Hire a Self-Defense Attorney in Brooksville, FL
If you or a loved one have been charged with any violent crime after legally defending your property, you need to contact an experienced self-defense attorney in Hernando County.
Attorney Ashley Aulls has decades of experience representing clients accused of both misdemeanor and felony charges, and will provide the highest level of defense for his clients in Brooksville, Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, Bushnell, or the surrounding areas.
The Law Office of Ashley Aulls, P.A. was founded on the principle that the client is as important as the case, and you will be treated with respect while receiving open communication and education concerning your offense.
To schedule your consultation with The Law Office of Ashley Aulls, P.A., call (352) 593-4115 today.