Florida’s ‘stand your ground’ law allows you to use deadly force to protect yourself or others without retreating first. Passed in 2005, this new law changed the old self-defense rules. It applies to situations in your home, car or any place you have a right to be.
Key points of the law
To use this law as a defense, you must show:
- You believed you were in danger of death or severe harm.
- You were not doing anything illegal.
- You had a right to be where you were.
You also need to demonstrate the following:
- Reasonable belief: Your fear must be reasonable. This means an average person in the same situation would feel the same way.
- Burden of proof: In pre-trial hearings, you must show evidence of self-defense. Then, the prosecutor must prove you did not act in self-defense.
- Use of force: The law covers both deadly and nondeadly force. The level of force you used must match the threat used against you.
Compared to the old law, the new law changes the old “duty to retreat” rule and allows you to use deadly force to defend yourself without the need to retreat. You can be immune from criminal prosecution and civil lawsuits if you meet the law’s criteria. However, this law has limits. It also does not apply if you started the fight.
Common misconceptions
Since its passage, many misconceptions about it have spread. Some of them include:
- It is not a “license to kill.” You still need to prove self-defense.
- It does not only apply to your home. It applies anywhere you have a right to be.
- It is not automatic. The courts evaluate each case based on its facts.
If you face charges and think this law applies to you, consider talking to a lawyer. They can help you understand if this law applies in your case or if you need an alternate defense strategy.
Remember, this law isn’t a free pass. You still need to prove you acted in self-defense. Stay informed about any changes to this law, which may be subject to future amendments.