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Under Florida law, a person may avoid criminal liability for the use of deadly or
In Florida prosecutions, self-
Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person
is justified in the use of non-
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.
In determining whether the use of deadly force or non-
Where the defendant in a Florida criminal case presents any evidence of self-
The defendant is entitled to a jury instruction on self-
Where there is no evidence of self-
There are other circumstances that may cause the denial of a self-
In addition to the exception for forcible felonies, self-
What Evidence Can Be Used to Support a Self-
There is wide variety of methods to establish a claim of self-
Under Florida’s “Stand Your Ground” Law, Can a Claim of Self-
In appropriate cases, yes. Under Florida’s “Stand Your Ground” law, a person who
meets the statutory requirements of self-
If you have been charged with a criminal offense involving violence in Jacksonville,
FL and believe that you were acting in self-
|Exposure of Sexual Organs|
|Resisting Arrest With Violence|
|Possession of Marijuana|
|Sale of Cannabis|
|Possession of Paraphernalia|
|Violation of Probation|
|Sealing and Expunging|
|Leaving the Scene of an Accident|