Florida Law on Self Defense : Use of Force Self Defense in Florida: Deadly and Non-Deadly Force Under Florida law, a person may avoid criminal liability for the use of deadly or non-deadly force where the circumstances show that he or she was legally justified in using such force. One such justification is known as “self-defense.” Self-defense may be used to defeat a criminal charge and, under Florida’s “Stand Your Ground” law, may even be used to claim immunity from prosecution. In Florida prosecutions, self-defense is a type of affirmative defense that operates to avoid (or cancel) the legal effect of a violent act (such as a homicide or battery), which would ordinarily subject the accused to criminal liability. When an accused raises a self-defense claim, he or she effectively admits to the truth of the alleged act (i.e. that he or she committed violence against another person), but justifies the act by asserting that the act was reasonably necessary to save him- or herself from the imminent use of unlawful force by the other person. In effect, the defendant says: “Yes, I committed the violent act. But I did not commit the violent act unlawfully because, under the facts and circumstances, my acts were justifiable to prevent physical or legal harm to myself.” Self Defense in Florida: When is Non-Deadly Force Allowed? Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person is justified in the use of non-deadly force in self-defense where the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other’s imminent use of unlawful force. There is no duty to retreat. If the defendant is in his or her home or vehicle, then, under Section 776.013, Florida Statutes, the law will presume that the defendant had a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will. A person who unlawfully and by force enters or attempts to enter another’s home or vehicle is furthermore presumed to be doing so with the intent to commit an unlawful act involving force or violence. Self Defense in Florida: When is Deadly Force Allowed? There are two primary statutes in Florida outlining when the use of deadly force is justified so as to avoid criminal liability. Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person is justified in using deadly force (and does not have a duty to retreat) if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony or to prevent imminent death or great bodily harm to himself or herself or another. Under Section 782.02, Florida Statutes, the use of deadly force is further justified when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which the person is located. If the defendant is in his or her home or vehicle, then, under Section 776.013, Florida Statutes, the law will presume that the defendant had a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will. A person who unlawfully and by force enters or attempts to enter another’s home or vehicle is furthermore presumed to be doing so with the intent to commit an unlawful act involving force or violence. The presumption of reasonable fear of imminent death or great bodily harm does not apply if: (a) the person against whom the defensive force is used has the right to be in the home or vehicle, or (b) the person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used, or (c) the person who uses defensive force is engaged in an unlawful activity or is using the home or vehicle to further an unlawful activity, or (d) the person against whom the defensive force is used is a law enforcement officer, who enters or attempts to enter the home or vehicle in the performance of his or her official duties and the officer properly identified his or herself (or the person reasonably should have known that it was a police officer). If a defendant was not engaged in an unlawful activity and was attacked where he or she was allowed to be, then the defendant has no duty of retreat and has a right to use force, or even deadly force, if the defendant (under those circumstances) reasonably believed that his or her use of force was necessary to prevent death or great bodily harm. This is the key provision of Florida’s “Stand your Ground” law.
Posted on: Tue, 11 Jun 2013 14:32:49 +0000
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