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.
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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.
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