The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state’s antitrust laws.
Stand Your Ground Law Grants Immunity
Those who claim the Stand Your Ground defense cannot be arrested, detained or prosecuted in trial as a defendant. The only way an arrest can occur is if there is probable cause that the force used or threatened was unlawful.Sep 4, 2019How does the stand your ground law work in Florida?
In passing the "Stand Your Ground" Law, the Florida Legislature expressed its intent that no person should be "required to needlessly retreat in the face of intrusion or attack." The "Stand Your Ground" Law effectively expands the "Castle Doctrine" by expanding what is meant by the concept of one's "castle" to include ...
What is the role of the Florida Attorney General?
The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state's antitrust laws.
What is a stand your ground motion in Florida?
The Florida Stand Your Ground Statute holds that a person is generally “immune from criminal prosecution and civil action” when that person justifiably uses or threatens to use force under certain circumstances.
Do I have the right to defend my property in Florida?
Under Florida law, “defense of property” is an affirmative defense that justifies the use of non-deadly force to protect a person's land, home, vehicle, or other personal property. Florida does not recognize a right to use deadly force in the protection of property interests alone.
What does an Attorney General do?
The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers' departments.
What are the duties of a Solicitor General?
The task of the Office of the Solicitor General is to supervise and conduct government litigation in the United States Supreme Court. Virtually all such litigation is channeled through the Office of the Solicitor General and is actively conducted by the Office.May 24, 2021
What type of policy is the Florida Stand Your Ground law?
Florida's “Stand-Your-Ground” law was passed in 2005. The law allows those who feel a reasonable threat of death or bodily injury to “meet force with force” rather than retreat. Similar “Castle Doctrine” laws assert that a person does not need to retreat if their home is attacked.
What is the castle law in Florida?
What Is the Castle Doctrine? Before 2005, Florida's castle doctrine, also known as the Protect Your Castle law in Florida, gave individuals the right to use deadly force to protect themselves against an intruder in their own home. The Castle Doctrine considers a person's home to be their “castle.”Feb 22, 2022
Does Florida have a make my day law?
The principle that a person may use deadly force in self-defense if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm has been the law in Florida for well over a century. Lovett v. State, 30 Fla. 142, 163-64 (Fla.
Can I use force to remove a trespasser in Florida?
According to a Florida Statute, a person has the right to use or threaten to use force, except deadly force, against another person in order to prevent them from trespassing. “They were trying to protect their property from a trespass.Feb 22, 2019
Can you use lethal force to protect property in Florida?
Can I use deadly force to protect my property? The short answer is no. Florida Statute Section 776.031 provides for when and what kind of force a person can use to protect property. You cannot use deadly force to protect property.
Can you forcibly remove a trespasser in Florida?
If you cannot wait for law enforcement to arrive and escort the person off your property because their behavior has gotten out of hand, Florida law allows you to remove the individual against his or her will.Feb 5, 2020
Stand Your Ground Today
In 2017, the legislature again amended our Stand Your Ground statute, this time, they further restricted the locations specified in the stand your ground statute to include only dwellings and residences, remove vehicles from the listed places. The current stand your ground law can be found in the 2017 version of Florida Statutes 776.013. It states:
A Word of Caution
When standing your ground and using deadly force, ANY unlawful activity can be used to argue that you did not have the right to stand your ground and instead were required to attempt to retreat prior to using deadly force.
What is the stand your ground law in Florida?
The stand your ground law is a statutory defense categorized under Florida’s justifiable uses of force (“self-defense”). The statute states that a person in his or her dwelling, residence, or occupied vehicle has the right to stand his or her ground and use or threaten to use deadly force if he or she reasonably believes such force is necessary ...
What is the duty to retreat in Florida?
A duty to retreat generally refers to the thought that a person who has an opportunity to escape potential harm should take that opportunity. However, under Florida’s stand your ground statute, there is no duty to retreat. Thus, even if a person who eventually used deadly force had the opportunity to escape the situation before using deadly force, ...
What is a dwelling?
A dwelling or residence is a home, building, or other structure (including a tent) that is designed for people to stay overnight. The definition of dwelling or residence also extends to a porch or other structure attached to a building or house. To claim the stand your ground defense, a person must have lawful access to the dwelling or residence.
What is the presumption of death?
There is a presumption that a person intended death or great bodily harm when the one harmed by deadly force was attempting to unlawfully or forcibly enter a dwelling, residence, or occupied vehicle or was in the process or removing another against that person’s will from a dwelling, residence, or occupied vehicle.
What is deadly force?
Deadly force is force that is capable of taking someone’s life. As the statute allows the use of deadly force in self-defense, stand your ground is often used as a defense in homicide cases.
What are some examples of threats?
Examples include a burglar breaking into your home or a kidnapper attempting to kidnap someone in the home or car.
The Law
In 2005, the Stand Your Ground law was passed by the Florida Legislature. Prior to that change, a person could only use non-deadly force to defend against the imminent use of unlawful non-deadly force. He also had no duty to retreat if using non-deadly force.
Exceptions
There are some exceptions to the law, though, which can prevent a person from invoking the Stand Your Ground immunity. In order to be justified in using deadly force, the person cannot be engaged in any criminal activity and must be in a place where s/he has a right to be.
Invoking Stand Your Ground Immunity
In the criminal context, prior to 2017, a defendant would have to prove by a preponderance of the evidence that she or he was justified in using force in self-defense.
Under what circumstances can I use deadly force to defend myself?
Florida’s stand your ground defense has been thrust into public attention since the controversial shooting that took place in Clearwater this past summer. Michael Drejka currently awaits trial for manslaughter after shooting Markels McGlockton in front of his girlfriend and children.
Florida Statutes Sections 776.012 and 776.013
The Florida Legislature enacted the so-called “Stand Your Ground” law in 2005. The law, which is contained within Florida Statutes Sections 776.012 and 776.013, expands upon Florida’s traditional self-defense laws. Under current law, deadly force is justified, and the defendant will have no duty to retreat, if:
What is stand your ground law in Florida?
Florida’s Stand Your Ground law provides that you have the right to live peacefully and safely in your own home. You also have the right to defend yourself, your family, and your property when someone enters your home without permission. The law also allows you to use deadly force when necessary. . Taking someone’s life is a very serious matter ...
What is the meaning of "stand your ground"?
An Immediate Threat. Under the Stand Your Ground law, you may only use deadly force if you feel your life is in imminent danger of death or great bodily harm, or if the life of a loved one is in imminent danger of death or great bodily harm. Imminent danger does not only include death under the law, but danger of injury, as well.
What is the duty to retreat in Florida?
Duty to Retreat. Some states require homeowners to attempt to retreat before using force on an intruder. That is, they must first attempt to escape and only use force when that is not possible. There is no such requirement under Florida’s law, which is why it is called the Stand Your Ground law.
Do you have to retreat before using force in Florida?
Some states require homeowners to attempt to retreat before using force on an intruder. That is, they must first attempt to escape and only use force when that is not possible. There is no such requirement under Florida’s law, which is why it is called the Stand Your Ground law.
Did John DeRossett commit a crime?
In early April 2020, the Fifth District Court of Appeals dismissed charges against a Port St. John man, John DeRossett, ruling that Mr. DeRossett did not commit a crime under Florida’s Stand your Ground Law. DeRossett was accused of shooting a deputy while three were on his property conducting a sting operation directed at his niece, whom they believed has been performing actions of prosecution. DeRossett’s nieceyelled for help, and DeRossett, not knowing who the men were, shot one of them. Deputy Casey Smith was shot in the lower abdomen, but has since recovered from his injuries.
When can you use deadly force?
Under the Stand Your Ground law, you may only use deadly force if you feel your life is in imminent danger of death or great bodily harm, or if the life of a loved one is in imminent danger of death or great bodily harm.
Can you use deadly force if you are in danger of death?
Under the Stand Your Ground law, you may only use deadly force if you feel your life is in imminent danger of death or great bodily harm, or if the life of a loved one is in imminent danger of death or great bodily harm. Imminent danger does not only include death under the law, but danger of injury, as well. ...
What is the role of the Attorney General of Florida?
The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state’s antitrust laws.
What does the Attorney General do?
The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is authorized to issue formal legal opinions at the request of various public officials on questions relating to the application of state law. The Office of the Attorney General houses the Florida Commission on the Status of Women and ...
Who released Hurricane Preparedness Guide 2021?
Attorney General Ashley Moody released the 2021 Hurricane Preparedness Guide. She urges Floridians to review the preparedness guide now and understand that planning will be different this year as Floridians continue to take measures to mitigate the spread of COVID-19.
What is the Dose of Reality website?
Attorney General Ashley Moody launched a new website seeking to educate Floridians about the dangers of misusing prescription painkillers and other opioids such as heroin and fentanyl.
The Law
- In 2005, the Stand Your Ground law was passed by the Florida Legislature. Prior to that change, a person could only use non-deadly force to defend against the imminent use of unlawful non-deadly force. He also had no duty to retreat if using non-deadly force. Deadly force was only allowed to defend against imminent deadly force, great bodily harm, ...
Exceptions
- There are some exceptions to the law, though, which can prevent a person from invoking the Stand Your Ground immunity. In order to be justified in using deadly force, the person cannot be engaged in any criminal activity and must be in a place where s/he has a right to be. For example, a convicted felon (who is precluded from carrying a firearm) cannot seek immunity for using dea…
Invoking Stand Your Ground Immunity
- In the criminal context, prior to 2017, a defendant would have to prove by a preponderance of the evidence that she or he was justified in using force in self-defense. That meant the defendant would have to call witnesses and present evidence to convince the judge that by the greater weight of the evidence s/he reasonably believed the force was necessary. In 2017, the Florida Le…
Justifiable Use of Force Statutes
- 776.012 Use or threatened use of force in defense of person.— (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force …
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