KNOW YOUR RIGHTS: Standing Your Ground-Self Defense in Florida
There is a lot of confusion when it comes to the laws concerning self defense. Also referred to as “Stand Your Ground,” self defense laws can vary from state to state.
Even if you have not been involved in a case of self defense, it is important to understand the laws because you never know when God forbid, you may find yourself in a position of having to defend yourself and or someone else.
If you are in the need of counsel, contact us at The Hoffman Firm for a FREE consultation with one of our experienced South Florida Defense Attorneys. We can help you understand your rights, call now! (305) 249-0090
Florida law pertaining to the justifiable use of force.
Chapter 776 of Florida Statutes was amended by the Legislature in 2005. The changes that took effect on October 1, 2005, extended the provisions of what is known as the “Castle Doctrine,” declaring that a person has no duty to retreat and has the right to stand his or her ground and meet force with force if that force is necessary to prevent death, great bodily harm or the commission of a forcible felony.
Florida law allows for a case to not go to trial if law enforcement and state authorities can clearly ascertain that the force used in an incident was necessary to meet the perceived threat the victim was facing (the victim being the person who used force against someone who posed a threat to them.)
The issue of Stand Your Ground laws in Florida has garnered much attention and discussion in the last year or so in light of the Trayvon Martin shooting. Adding to that discussion is the fact that guns are often involved in self defense cases.
Some opponents of Stand Your Ground laws in Florida argue that the law is confusing and is too heavily weighted in favor of the person using force which could potentially result in someone using force which was not necessary, but then claim self defense after the fact. In those cases, opponents of the law would argue that only other witness is often the one who was killed as a result of the incident.
Proponents of the laws would argue that the law should always favor a person in being able to use whatever force they feel is necessary in defending themselves or others.
So is issue is a highly politicized and emotional one which may cause the laws to change over time.
As cited above, though intended to be simple, the laws involving self defense in Florida can be confusing to many people. Whether you are involved in a case which may be considered as self defense or not, it is important to be as educated as possible as to the laws, and to keep informed as those laws may change over time.
Hire us today so we can help fight for your rights! Evan A. Hoffman of The Hoffman Firm is an experienced Defense Attorney in South Florida, and is very knowledgeable of the laws addressed in this article. Call now for a FREE consultation (305) 249-0090 or contact us online.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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