Florida Self Defense Law

If you’ve been involved in an event that resulted in the death of someone else, it’s possible you could be charged with manslaughter, or even murder, as an upshot of the incident. But were your actions legally justified? Is it ever legally acceptable to kill another human being? The fact is, under limited circumstances, such as while defending oneself, other people, or one’s home, lethal force may be legally permissible.

Is Retreat Required in the Face of Aggression?

Florida’s Stand Your Ground law clearly provides that with a presumption of reasonableness you have no obligation to retreat prior to using force if certain conditions are met:

• You are protecting your home;
• You reasonably sense that you or others are in grave danger of serious bodily harm or imminent death;
• Someone is unlawfully entering your abode or vehicle;
• The person trying to enter your home/vehicle has no right to be there;
• The person breaking in is not your own child or grandchild;
• You are not participating in criminal activity yourself;
• The person entering your home is not a law enforcement officer;
• You are somewhere that you are legally entitled to be and are attacked.

Justifiable Homicide

There are certain situations when a person may claim that a homicide was justifiable and use this as a legal defense:

• The act was required as part of your own self-defense;
• The act occurred as a defense of another person;
• The act taken was proportional to the violence threatened or performed by the offender;
• The act entailed only the degree of force reasonably necessary to defend.

The Castle Doctrine 

Florida’s Castle Doctrine allows you to defend your property with the degree of force you deem necessary, up to and including lethal force:

1. If someone is trying to forcibly enter your home;
2. If you have a reasonable belief someone is attempting to forcibly enter your home.

Self-Defense at Trial

When there is even a scintilla of evidence indicating that self-defense motivated a person’s actions, a Florida jury must be instructed that self-defense must be considered in their deliberations.

When Self-Defense Cannot be Claimed

There are a few situations in which a person may not claim self-defense as justification for their actions:

1. When they were a provocateur in the situation;
2. If they were in the act of committing a felony when the attack occurred;
3. When it is not possible to reasonably infer that self-defense was a factor based on the evidence presented at trial.

Protecting Your Rights 

If you’ve been involved in an action requiring the defense of yourself, your home, or other people, the experienced Miami criminal defense attorneys at The Law Office of Julia Kefalinos are determined to fight to ensure that your rights are protected. To discuss your situation, schedule a confidential consultation in our Miami office today.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html