In Florida, the “Stand Your Ground” law may come into play in a criminal case. However, as shown by recent events in the state, the defense isn’t always clear-cut. Here, clients will learn about the concept and how it may apply to their cases.
What Is the “Stand Your Ground” Law?
This controversial Florida law says that a person using force under certain circumstances will not be prosecuted for the incident unless the one against whom the force was used is a law officer in the performance of their job duties. To determine whether a client can escape charges, a Criminal Defense Attorney in Naples must see whether their use of force was permissible.
When Does the Law Apply?
State law outlines a few situations where Stand Your Ground may be used as a defense.
• Defending against the imminent use of force: In Florida, a person is justified in the use of non-deadly force against another person if they believe that the action is needed to defend themselves or someone else against the unlawful use of force. Most importantly, the defendant has no duty to retreat before using force.
• To prevent bodily harm or imminent death. Here, a person may use deadly force against another individual to prevent imminent death or grievous bodily harm.
• To defend against an attack in a vehicle or a residence. If a person is attacked in their vehicle or residence, they have no duty to retreat and can use deadly force.
• In defense of property. In the state, a person may use non-deadly force if they believe it’s necessary to stop another person from trespassing or damaging lawfully owned property.
This is a mere snapshot of when Stand Your Ground may be used as a defense. If a client needs details on how Florida law may affect their situation, they should consult a Criminal Defense Attorney in Naples.
Call Today for Legal Counsel
Florida’s Stand, Your Ground law, is complex, and it’s more applicable in some cases than in others. For additional information or to schedule a no-obligation consultation with a defense lawyer, call the Law Office Of James W. Chandler P.A. today.
