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Am I Legally Allowed to Use Deadly Force to Defend Myself?
Self-defense is a highly valued right in Florida. In many other parts of the United States, you are only legally permitted to protect yourself against a threat if you have already tried to flee, and self-defense is a last resort. Florida is different. Florida was the first state in America to implement a special law granting people the right to protect themselves and their loved ones without first having to potentially risk their lives by fleeing. This law is called the Stand Your Ground law.
Florida’s Stand Your Ground Law protects individuals from criminal prosecution if they act to defend themselves or loved ones from an imminent threat. It also allows you to act to prevent a dangerous felony from being committed. Because the invocation of Stand Your Ground often involves the use of deadly force, many people who exercise their right to self-defense may find themselves facing manslaughter or even murder charges.
If you or a loved one acted according to Florida’s Stand Your Ground law and are facing criminal charges, it’s vital you contact one of our firm’s experienced defense attorneys. Even though Stand Your Ground allows you to use deadly force to protect yourself, you may still find yourself facing charges from an overzealous prosecutor. If this happens, a defense attorney may be all that stands between you and your freedom.
What is Stand Your Ground?
Stand Your Ground is a law passed in Florida in 2005. It is outlined in Chapter 776 of the Florida Statutes, covering the justifiable use of force. Stand Your Ground says that you are allowed to use either the threat of deadly force or actual deadly force if you feel an imminent threat to your safety or the safety of others, and you are acting to prevent:
- Your Own or Someone Else’s Death
- Serious Bodily Injury
- A Forcible Felony
A forcible felony is a crime requiring the use of force, such as kidnapping, rape, assault, robbery, or murder. This means if someone is not directly threatening you but is attempting to commit a forcible felony against another person, such as kidnapping, you can use force to prevent the crime from being committed.
Before 2005, Floridians were required to flee a threat before acting to protect themselves. Under Stand Your Ground, you can respond to an imminent threat with deadly force rather than attempt to escape the danger. This means that if you are at home and someone enters without your permission, such as in a home invasion or burglary, you are permitted to use deadly force against them.
Is Stand Your Ground A Defense to Murder or Manslaughter?
Stand Your Ground is most often invoked in cases of home or vehicle defense. If you are faced with a threat in either your home or vehicle, the law generally presumes you had a reasonable fear for your safety and were acting to prevent harm to yourself or others within the home or vehicle.
Reasonable fear is the standard the law uses to determine if you were within your rights to act under the Stand Your Ground law. Reasonable fear says that the average, “reasonable” person would have been afraid in the same situation. Suppose an attorney can demonstrate in court that you acted according to a reasonable fear when defending yourself. In that case, it can be used to establish you acted within your rights according to the Stand Your Ground law.
According to 776.032 of the Florida Statutes, a person who acts within the scope of Stand Your Ground in protecting themselves or others is “immune from prosecution or civil action.” This means Stand Your Ground is a valid defense if you are charged with murder or manslaughter, and a defense attorney can establish you were acting to protect yourself or others.
What Are the Penalties for Murder and Manslaughter?
Florida takes self-defense seriously. It also takes murder and manslaughter very seriously. If convicted of manslaughter, you potentially face 15 years in prison and a $10,000 fine. Depending on the circumstances, someone might be charged with aggravated manslaughter, which carries a potential 30-year penalty.
Murder charges in Florida can vary between third-degree murder and first-degree felony murder. Sentences differ depending on the specific charges and circumstances of the case. Penalties range from fifteen years in prison up to life in prison without parole and potentially even capital punishment.
Can I Always Invoke Stand Your Ground in Self-Defense Cases?
Although Stand Your Ground covers a wide variety of situations, there are some circumstances in which you cannot use deadly force, even if you experience a fear for your safety. For example, you are generally not allowed to use lethal force against law enforcement officers. Although not impossible, it may be challenging to try and prove in court that you were acting in self-defense if you invoked Stand Your Ground against a law enforcement officer.
It may also be challenging to prove a Stand Your Ground defense against someone who had the legal right to occupy your home or vehicle. This may include a former or current partner, adult children, roommates who have signed a lease, and more. If someone has the legal right to inhabit your home or vehicle, you cannot use deadly force or the threat of lethal force to remove them unless you can demonstrate they proved an imminent threat to your safety.
You also may not use Stand Your Ground if you were trespassing in someone else’s home or if you felt threatened in the commission of a felony. If you are committing a crime and feel threatened, this does not give you the legal right to use deadly force against someone else.
These are only a few instances in which a Stand Your Ground defense may not work. If you or a loved one have been charged with murder or manslaughter, one of our team’s experienced defense attorneys can review your case and help build the best defense.
What Should I Do If I’ve Been Charged with Murder or Manslaughter?
If you or a loved one were threatened and you acted to protect yourself, you were well within your rights. Don’t let overzealous prosecutors and aggressive police officers try to make an example of you. If you acted in self-defense under Florida’s Stand Your Ground law and are being charged with murder or manslaughter, contact one of the experienced and dedicated attorneys at The Defense Group today.
We believe every Floridian has the right to protect themselves and their loved ones. We take it especially seriously when someone who acted in self-defense is charged with a crime. Our attorneys work with every client to ensure the best possible outcome and to help them begin their lives anew. You’ve already faced a threat to your life. Don’t face a threat to your freedom alone. If you or a loved one have been charged with murder or manslaughter for acting in self-defense, contact one of our attorneys today at 407-743-8430 to schedule a free consultation.
