Basics Of Self Defense in Florida.
In the State of Florida, “self defense” is an affirmative defense used to avoid punishment for an otherwise unlawful act. This means that the defendant introduces evidence in order to convince a prosecutor, judge, or jury that the act was “reasonably necessary” to prevent another person´s imminent use of unlawful force.
There are two types of self-defense in Florida:
- Non-Deafly Force: It can be argued that a person used non-deadly force when the defendant used a force that is not likely to cause death or great bodily harm. Shoving or hitting someone are solid examples.
- Deadly Force: Under Florida law, a person can use or threaten to use deadly force to prevent the imminent commission of “forcible felonies”. These felonies include assault, kidnapping, or burglary. Deadly force is also allowed when preventing great bodily harm or imminent death.
Stand Your Ground Law.
The “Stand Your Ground” law in Florida affirms that a person no longer has a duty to run away before using deadly force if the person is in a place they have a right to be. The law does not apply when a person is said to be engaged in criminal activity.
- Abolishes the “duty of retreat” rule.
- Justifies the use of deadly force in scenarios where unlawful entries into dwellings, vehicles, or residents are involved.
- Provides potential immunity to defendants who use force that falls within the protections of the statute.
It is important to know that every case is different, so if believe that you acted in self-defense, it is highly advisable to contact an experienced criminal attorney. Russell Spatz has the knowledge and the experience you require. Give him a call at 305-442-0200 or contact the Spatz Law Firm, PL online.