Law Office of David Mengers - Criminal Defense
Free Consultations Available
If Charged With A Crime, Call 352-433-4925
When are you protected under Florida’s ‘stand your ground’ law?

When are you protected under Florida’s ‘stand your ground’ law?

| Sep 30, 2020 | Violent Crimes |

Police may have been called to your house after you assaulted another person. However, what if you only hit or otherwise harmed the person because you were protecting yourself? Depending on the circumstances, in such situations, Florida’s “stand your ground” laws may come into play.

What is the “stand your ground” law?

Under Florida law, if a person uses or threatens to use deadly force against another person, because he or she reasonably believes doing so is necessary to protect him or herself from death or great bodily harm or to prevent an imminent forcible felony, then that person may not be criminally charged. Under Florida law, a person is not required to retreat first before resorting to their “stand your ground” rights.

Limitations to your “stand your ground” rights

Like other laws, however, there are limits when it comes to being protected under “stand your ground” laws. First, if you yourself are engaging in the commission of a crime, you cannot rely on “stand your ground” laws to protect your rights. “Stand your ground” laws also do not permit you to use deadly force against a police officer who is lawfully performing his or her official duties. In addition, if you intentionally provoked the person you assaulted or if that person tried to retreat from the provocation, “stand your law” rights do not apply.

Know you rights when it comes to “stand your ground” laws

“Stand your ground” laws can protect you in certain circumstances, permitting justifiable use of physical force against another. However, there are exceptions. This post cannot serve as legal advice when it comes to “stand your ground” laws, so those who are accused of a violent crime who believe they should be protected by such laws can seek the help of an Ocala area criminal defense attorney.