![]() Stand your ground only applies when the person using deadly force is in a place he or she is legally allowed to be and is not in the process of committing a crime. What Are the Exceptions To Stand Your Ground? As the statute allows the use of deadly force in self-defense, stand your ground is often used as a defense in homicide cases. Deadly force is force that is capable of taking someone’s life. ![]() ![]() The stand your ground statute allows the use of deadly force where there is a threat of death or great bodily harm. Examples include a burglar breaking into your home or a kidnapper attempting to kidnap someone in the home or car. Simply stated, there must be a clear reason to believe there is a threat someone is about to commit a crime at the dwelling, residence, or occupied vehicle. There is a presumption that a person intended death or great bodily harm when the one harmed by deadly force was attempting to unlawfully or forcibly enter a dwelling, residence, or occupied vehicle or was in the process or removing another against that person’s will from a dwelling, residence, or occupied vehicle. To claim the defense, a person must have a reasonable belief of impending death or great bodily harm. This is why “stand your ground” is sometimes referred to as the “castle doctrine,” which allows a person to protect his or her home, or “castle.” However, most states have the “castle doctrine ” what Florida does is extend it outside of a person’s home (or “castle”). To claim the stand your ground defense, a person must have lawful access to the dwelling or residence. ![]() The definition of dwelling or residence also extends to a porch or other structure attached to a building or house. A dwelling or residence is a home, building, or other structure (including a tent) that is designed for people to stay overnight. When Does Stand Your Ground Apply?įirst, to claim the defense, a person must be located in a dwelling, residence or occupied vehicle. The statute states that a person in his or her dwelling, residence, or occupied vehicle has the right to stand his or her ground and use or threaten to use deadly force if he or she reasonably believes such force is necessary to prevent imminent death, great bodily harm, or prevent the commission of a forcible felony. The stand your ground law is a statutory defense categorized under Florida’s justifiable uses of force (“self-defense”). If you need legal advice in the Miami or South Florida area, contact Valiente, Carollo and McElligott PLLC today for a consultation. The attorneys at Valiente, Carollo and McElligott PLLC provide those accused of crimes with exceptional legal services every day and are capable of assisting you in raising the stand your ground defense. The law, codified at Chapter 776 of the Florida Statutes, allows a homeowner to use deadly force if he or she is in fear for his or her life or the lives of members of the household.īecause Florida’s stand your ground defense only applies in factually specific situations it is important to discuss the defense with an experienced criminal law attorney. There are a number of cases, such as the death of Trayvon Martin, where a defendant successfully used the defense as justification for using deadly force. Understanding Florida’s Stand Your Ground Defenseĭubbed by critics as a “get out of jail free card,” Florida’s stand your ground self-defense law is controversial to say the least. Infographic: Florida & Firearms – Laws, Crimes and Other Stats.Battery on a Police Officer or Firefighter.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |