In moments of fear and danger, individuals may need to make a split-second decision to protect themselves. However, sometimes those actions are questioned by the law, and you could find yourself facing criminal charges for simply defending yourself.
In Florida, the Stand Your Ground law is in place to protect individuals who need to defend their lives, but understanding how it applies to your case can be complex.
That’s why it’s crucial to work with an experienced criminal defense lawyer who can guide you through the nuances of Florida’s self-defense laws.
Florida’s Stand Your Ground Statute Explained
Florida Statutes §776.012 and §776.013, collectively known as the “Stand Your Ground” law, allow individuals to use or threaten deadly force when they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others, or to prevent the imminent commission of a forcible felony.
The law also permits the use of non-deadly force if it’s deemed necessary to protect oneself or another from unlawful force.
One of the key features of Florida’s Stand Your Ground law is that there is no duty to retreat. If you are in a place where you have a legal right to be, such as your home or a public area, you are not required to retreat from a threat before using force to defend yourself. This eliminates the need for an individual to run away from danger if they feel they are being threatened.
How Does Stand Your Ground Work in Practice?
To successfully assert a Stand Your Ground defense, several critical elements need to be demonstrated:
Lawful Presence: The law only applies if you were in a location where you had a legal right to be, such as your own home, public property, or a place of business. You cannot claim self-defense if you were trespassing or engaged in illegal activity at the time of the incident.
Reasonable Belief of Danger: The law requires that you must have had a reasonable belief that force was necessary to prevent imminent death or serious bodily injury. It’s not enough for the threat to be verbal or a minor physical altercation—there must be a genuine, immediate threat to your safety.
Proportional Use of Force: The force used must be proportional to the threat you are facing. For instance, deadly force would likely not be justified if you were only being threatened with non-deadly force, such as being shoved or verbally threatened.
Common Criminal Charges Involving Claims of Self-Defense
Stand Your Ground defenses are often invoked in various criminal cases. Some of the most common charges in which self-defense arguments may arise include:
Assault and Battery: These charges often stem from physical altercations where one party claims they were acting in self-defense to protect themselves from unlawful force.
Domestic Violence: Individuals may face charges of domestic violence if they defend themselves against an abusive partner. In such cases, a domestic violence defense lawyer may use the Stand Your Ground law to justify the actions of the defendant.
Manslaughter: Manslaughter charges can result if someone unintentionally causes another person’s death. If the death occurred while defending oneself, Stand Your Ground may provide a complete defense.
Murder: If a defendant claims self-defense in a murder case, they may use Stand Your Ground as a defense. However, the defense must prove that deadly force was necessary to prevent imminent death or great bodily harm, and that no retreat was required before using force.
Immunity From Criminal Prosecution Under Stand Your Ground
One of the most important aspects of Florida’s Stand Your Ground law is the immunity it provides from criminal prosecution. If your use of force is deemed legally justified under Florida’s self-defense statutes, you should not be prosecuted or convicted. However, to claim this immunity, it’s essential that the defense is raised properly.
A knowledgeable criminal defense lawyer will help you establish that you acted in self-defense and raise the appropriate legal arguments to ensure that your rights are protected.
How an Experienced Criminal Defense Attorney Can Help
Attorney Robert David Malove, who is Board-Certified in Criminal Trial Law by the Florida Bar, has extensive experience defending individuals involved in cases where self-defense may apply.
With over three decades of experience, Malove and his team are well-versed in Florida’s Stand Your Ground laws and will work tirelessly to ensure that your rights are protected.
Whether you are facing charges related to assault, domestic violence, or homicide, the Law Offices of Robert David Malove can help you navigate the complexities of your case and ensure that you are treated fairly in the legal system. Their commitment is to defend your right to protect yourself and your loved ones.
Contact an Experienced Criminal Defense Attorney in South Florida Today
If you find yourself facing criminal charges after a self-defense incident, don’t hesitate to contact the Law Offices of Robert David Malove. With offices in Fort Lauderdale, Fort Myers, Fort Pierce, Key West, and West Palm Beach, Malove offers free consultations and affordable payment plans.
Take action today to protect your rights and understand your legal options—call for a free consultation and have your case reviewed by an expert.
