Self-defense is a legal concept that allows you to protect yourself when faced with an immediate threat of harm. Florida law recognizes the right to use force, including deadly force, to prevent death, bodily harm or the commission of a forcible felony.
While you might already be aware that the use of force for self-defense is permissible in Florida, it is important to understand exactly which actions the law considers to be self-defense.
What does the law say about self-defense?
In Florida, the “Stand Your Ground” law explains the justifiable use of force for self-defense. This law allows individuals to use force without retreating if they are in a place where they have a right to be. The person must reasonably believe that using force is necessary to prevent harm to themselves or others. This means that a person does not need to try to escape before defending themselves.
For self-defense to be valid, the threat faced must be immediate and real. For example, if someone threatens another person with a weapon or begins to physically attack them, the person under threat may use force to protect themselves. The law considers whether the force used was proportional to the threat. If the response is excessive, it may not be valid as self-defense in the eyes of the law.
When is deadly force allowed for self-defense?
Deadly force is only justified if the person reasonably believes that it is necessary to prevent their own death or serious bodily harm. For example, if someone attacks with a deadly weapon, deadly force is a reasonable response. However, using deadly force in response to a non-lethal threat may not be justifiable.
Can you use force to defend someone else?
Florida law also protects individuals who use force in defense of others. If a person sees someone else under threat and reasonably believes that intervention is necessary, they may use force to protect that person.
The “Stand Your Ground” law also applies to the defense of property, but with limitations. Force is justifiable to prevent a forcible felony, such as robbery or burglary. However, the use of deadly force in defense of property alone is generally not justified unless there is also a threat of harm to a person.
While it is difficult to judge the severity of a threat in the heat of the moment, the bottom line of Florida’s “Stand Your Ground” law is that you should only defend yourself using an amount of force that is reasonable for the danger at hand. Using deadly force or harming someone when it is not necessary can lead to criminal charges, even if you do so in self-defense.
