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In 2005, Florida revised its “stand your ground” law, also known as Florida’s hold your ground law. “Stand your ground” is a controversial self-defense statute permitting citizens to use deadly force and receive immunity from prosecution. If you reside in Florida or are looking to visit soon, it’s vital to understand this law and what it means for your rights. Should you find yourself in a situation involving the stand your ground law, speak to an experienced criminal defense lawyer immediately.
Many states have a “castle doctrine,” which refers to a person’s right to defend themselves in case of a threat. If a home invader threatens you or your family, you, as the homeowner or tenant, have the right to use deadly force to protect yourself and your property.
The castle doctrine is expanded in many states to permit someone to use deadly force on other premises besides their home as a last line of defense after they have retreated. To be exempt from prosecution under the castle doctrine, your lawyer must prove that you attempted to retreat before using deadly force, such as with a gun.
Standard law provisions for self-defense or justifiable homicide contain the requirement that if threatened, a victim must try to retreat before fighting back with deadly force. Stand your ground, on the other hand, refers to the right of an individual to confront an imminent threat of violence without the obligation to retreat.
Yes, Florida has a stand your ground law, relieving citizens of the duty to retreat in the face of imminent violence or the perpetration of a violent crime.
And it’s not the only state that permits people to defend themselves against a threat in places they are lawfully allowed to be — 28 other states and Puerto Rico also have similar laws.
Florida’s 2005 revision to this law removes the obligation of someone to retreat before fighting back, a broader level of permission for justifiable force than other states have, which means if you are lawfully permitted to be on premises other than your private property (house, lawn, etc.), and you’re threatened, then you have the right to defend yourself up to and including using deadly force or committing homicide.
The stand your ground law in Florida goes further than the statutes in other states. Sections 776.012 and 776.013 of the Florida Statutes expand the notion of the castle doctrine to include permitting individuals to use force in self-defense when threatened outside the home.
Florida citizens are also permitted to use deadly force to prevent the commission of a felony, a privilege not afforded to non-law enforcement residents in other states.
For example, if you are in line at Wawa and an armed robber comes in, threatening you and asking for money from the cash register, you may fight back with your weapon to prevent the commission of that felony.
Stand Your Ground in Florida also exempts you from prosecution if you are within the bounds of self-defense or justifiable homicide.
The concept of the stand your ground law in Florida isn’t a new one. Its roots extend to a case from the end of the 19th century, Lovett v. State, 30 Fla. 142, 163-64 (Fla. 1892), which permitted a homicide to be excused if the person who committed it reasonably believed there was no other way to prevent bodily harm.
Florida courts also expanded the castle doctrine to cover the permissible use of deadly force for someone defending their home, occupants, or property, again through common law rulings, not legislation. If the defendant was in their own home when the threat or assault occurred, they were not obligated to retreat before using deadly force.
Finally, the castle doctrine was expanded in Florida to cover business owners protecting their property under State v. Smith, 376 So. 2d 261 (Fla. 3d DCA 1979).
Although the castle doctrine removes the prior requirement to first retreat in these situations, the defendant must still prove that deadly force was the only viable option to prevent serious bodily harm or death.
Florida’s current stand your ground law protects you from prosecution for homicide if you can prove that you believed you or another person was in imminent danger of bodily harm or death or that you used deadly force to prevent the commission of a felony.
You can also be shielded from prosecution by meeting the standard set out in Florida's stand your ground statute, showing you had reasonable grounds to believe you were in imminent danger.
It’s important to note that the stand your ground law and castle doctrine statutes do not apply in all situations in which someone is threatened by death or bodily harm.
In rare cases, someone engaged in criminal activity may claim self-defense, such as if they were trying to leave and the initial victim escalated the situation. Still, these cases may require a significant burden of proof for self-defense.
The key change in the 2005 stand your ground law is protection from prosecution if you are within your rights to protect yourself.
If you are initially charged with assault or manslaughter, the arresting officer must provide evidence that you did not have the right to stand your ground. At the same time, your attorney must prove that you operated within your rights to use deadly force.
Your lawyer will need to demonstrate that you were lawfully permitted to be where the event occurred, that you reasonably believed you were in danger, and that the other party did not try to de-escalate or retreat from the situation.
You will be immune from prosecution if your attorney proves these key elements. If you were charged with a crime, your charges would be dropped.
The Peterson case is significant because it upheld the “true immunity” provision in the 2005 revised stand your ground law. Defendants arrested in connection with an act of stand your ground self-defense may avoid prosecution entirely if a judge affirms in the pre-trial hearing that the act was justified. Florida’s new laws mean you will not be criminally charged if you are justified in using force.
Just like after any other criminal investigation, the legal process will begin to move forward after a self-defense incident in the state of Florida. This includes the police investigation, charging decision, pre-trial immunity hearing, and a criminal trial. Here is more in-depth information about the different events that happen after a self-defense incident.
If you find yourself in a situation relevant to Florida’s Stand Your Ground Law, you should call the trusted legal team at The Denson Firm for help with your case. We can provide the experienced representation you need. Contact us if you need criminal defense in the state of Florida.
Expanding laws to protect perpetrators of deadly force from prosecution — even when the reason is justifiable self-defense — will, by nature, be subject to scrutiny and controversy.
The national attention the Trayvon Martin case received, in which the defendant, George Zimmerman, was acquitted based on the stand your ground law, shows how polarizing laws like this can be.
Both sides have valid reasons for and against the expansion of castle doctrine outside the home, and these reasons affect individual rights, the criminal justice system, and public safety as a whole.
Advocates of stand your ground laws note several benefits to Florida’s new legislation, such as:
These benefits rest on the belief in an individual’s autonomy and right to protect themselves, their property, and others. Victims may be able to defend themselves more easily without the responsibility of retreating first.
The basis for immunity from prosecution for using deadly force is that the defendant reasonably believed their life was in danger. However, “reasonable belief” is subjective and is therefore an issue for many opponents.
Other objections include the following:
Some people believe that laws like this also have an inherent racial bias, in which one person may think they’re under a more significant threat from someone of another race than someone of their own race.
Is the change to Florida’s stand your ground law effective? Many critics of the law call for legislation reform, noting that it can be abused by violent individuals who take the opportunity to kill even when they can safely walk away. However, the law can also be life-saving if you are in a deadly situation.
Even if you can prove full justification for using deadly force, you must still prove a prima facie case in a pre-trial hearing per Florida’s burden of proof requirements. A knowledgeable weapons charges attorney is essential for any case involving stand your ground laws in Florida. Contact The Denson Firm today to get assistance with your case and ask our defense attorneys for clarification about the Florida stand your ground law.
Stand your ground removes a requirement that used to sit at the heart of self-defense law: the duty to retreat. Under this statute, someone who reasonably believes they're facing imminent danger can use force, including deadly force, without first trying to get away. Florida's version isn't limited to the home. It covers any place you're lawfully allowed to be, going beyond what the traditional castle doctrine ever provided.
Deadly force is justified under Florida law when someone reasonably believes it's necessary to prevent imminent death, serious bodily harm, or a forcible felony. Where this law breaks from traditional self-defense standards is the retreat requirement — or rather, the lack of one. As long as you're lawfully present wherever the threat occurs, you have no obligation to withdraw before defending yourself.
Yes, but the property must be lawfully yours or lawfully occupied by you, and the threat has to rise to a forcible felony, like burglary or armed robbery. Florida's expanded castle doctrine and stand your ground law cover this in your home, your car, and your business alike. That said, protecting property doesn't give you a free pass; you still have to meet the same legal standards as any other self-defense or justifiable homicide claim.
Prosecutors carry the burden here, not the defendant. That's been true since a 2017 change to the law, and it means at a pre-trial hearing, the state has to produce clear and convincing evidence that the defendant's use of force wasn't justified. If they can't, the defense benefits: charges can be dismissed before the case ever reaches trial.
A stand your ground defense doesn’t provide immediate immunity from arrest. If officers have probable cause to suspect that you were the aggressor and committed a crime, they can arrest you. Stand your ground can be used to provide immunity from prosecution, but you still can be arrested before a hearing is held to decide if you’re immune from prosecution.
Stand your ground can apply in road rage cases, but only in certain instances. According to Florida Statutes, justifiable use of force has limited applications. The law only applies in certain cases, such as instances where an attacker leaves his or her car to confront the defendant. The initial aggressor in these cases loses the right to claim stand your ground. Also, the use of stand your ground is only justified in cases where the person reasonably believes use of force is necessary to prevent serious injury or even death.
No, stand your ground only applies in cases where it can be proven that force was justified to prevent serious injury or death. Trespassing alone is not a justifiable reason to use potentially deadly force.
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