When The ‘Stand Your Ground’ Defense Can And Can’t Be Used

The stand your ground laws are in place in many states, including Florida. It is a law that allows using deadly force, including firearms, for self-defense. You can also use the law to defend other people on your property or your personal property from imminent attacks. These laws are also known as ‘no duty to retreat laws’ and can be controversial because they make it possible for individuals to use force in a way that would be considered unlawful in other circumstances. 

It can be hard to tell whether the force used was justified, making it very important to let a criminal defense lawyer miami take up the case and defend you under legal terms. The lawyers in Miami know exactly what situations the statute can be applied and where it cannot be applied. When you involve a reputable criminal lawyer, you will know from the onset of the case whether self-defense can be used as a defense. 

When can you stand your ground?

Under Florida laws, you have a right to defend against individuals imposing a threat on you beyond a reasonable doubt. If the situation threatens serious bodily harm or even death to you or another individual, then you can use deadly force to defend yourself. The law permits the use of force in situations like:

  • When an intruder has entered your home intending to commit an unlawful act inside 
  • When a person you invited into your home refuses to leave even after asking them to do so, and you feel they are a threat to your safety if they remain in your home 
  • When an intruder attempts to enter your vehicle while you are outside or inside it and you feel your safety is threatened 

Unlike the Castle Doctrine, which only allowed individuals to act in self-defense when attacked in their homes, the stand your ground statute allows deadly force to be used anywhere away from home as long as you feel your life and safety is at risk. A stand your ground lawyer can help you understand the law better and involve you in putting together a defense that will earn you your freedom. 

When can’t you stand your ground?

In as much as standing your ground is applicable in many situations, there are still some situations you cannot use it as a defense for your actions. Such situations where you cannot use this defense include:

  • When you have trespassed on someone’s property and you meet an imminent threat 
  • When engaging in illegal activities or committing a crime and your safety is threatened 
  • When you have provoked a party into attacking you unless you can demonstrate that you did your best to get out of the dangerous situation and were only left to use force when all else failed 

The stand your ground laws can be a little tricky, especially when you don’t have all the details of when it can be used and when it is not applicable. By getting a criminal defense lawyer Miami, you can quickly get an overview of the law and whether it can be used in your case as a defense. The criminal lawyers in Miami are experienced and highly qualified, and you can easily find the best immigration lawyer Miami, or even a good drug defense lawyer to get you off the hook when situations arise. 

If you reasonably believe your life is in danger or someone is out to harm you, you have a right to defend yourself in whichever way possible. You will, however, have to prove that the intruder was out to harm you and that there was no other way out besides using deadly force. Get a lawyer to obtain defense evidence and support your defense confidently in court. 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s