Lawyers in Fort Myers Explain the Florida Stand Your Ground Law and Self-Defense
The Florida Stand Your Ground law, also known as the Castle Doctrine, has been a hotly debated issue in the state since it was enacted in 2005. The law essentially gives individuals the right to use deadly force to defend themselves if they feel threatened, without requiring them to try to retreat or escape the situation first. While supporters argue it gives people the ability to properly defend themselves, critics claim it promotes a “shoot first” mentality. Here in Fort Myers, lawyers regularly deal with cases involving self-defense claims related to Stand Your Ground. Let’s take a closer look at what this controversial law entails and how lawyers are applying it in legal cases in our area.
What Does the Stand Your Ground Law Say?
The key component of Florida’s Stand Your Ground law is that it eliminates the previous “duty to retreat” requirement. Before the law was passed, individuals faced with a threat were expected to make an effort to retreat or escape before resorting to using deadly force in self-defense. Now, a person has no obligation to retreat and can “stand their ground and meet force with force, including deadly force” if they reasonably believe it’s necessary to prevent death or great bodily harm to themselves or others.
The law also provides immunity from criminal prosecution and civil action for those found to be standing their ground legally. Defendants can file a pretrial motion to have their case dismissed under Stand Your Ground, meaning charges are dropped and no trial occurs.
When Can Stand Your Ground Be Claimed in Florida?
There are certain standards that must be met for Stand Your Ground to apply. First, the defendant cannot be engaged in any currently illegal activity. Second, they must be in a place they are legally allowed to be. Finally, they must have a reasonable belief that deadly force is required to prevent imminent death, great bodily harm, or the commission of a “forcible felony” like robbery or sexual assault.
However, there are exceptions. Stand Your Ground does not apply if the threatened person provoked the confrontation or if the perceived attacker had already retreated. It also does not apply when force is used against law enforcement officers performing official duties.
How Fort Myers Defense Lawyers Are Applying Stand Your Ground
Here in Fort Myers, our criminal defense attorneys frequently handle cases where Stand Your Ground is brought up. We help clients file motions to dismiss charges under this law when appropriate.
For example, we may argue a client was legally defending themselves in a fight outside a bar they were patronizing. Or we could claim a homeowner rightfully used force against an intruder illegally entering their property.
Our job is to gather evidence and witness statements to prove our client acted reasonably given the circumstances. This can include things like:
- Security camera footage
- 911 calls
- Photographs of injuries sustained
- Character witness testimonies
If we can show our client had a valid fear and that retreat wasn’t a viable option, we can potentially get the charges dropped under Stand Your Ground before a trial ever begins.
The Controversies Around Stand Your Ground
While Stand Your Ground has strong defenders, it also faces significant criticism here in Florida and across the country. Opponents argue it promotes violence by allowing people to immediately use deadly force instead of looking for other solutions.
The law faced major scrutiny following the 2012 shooting of unarmed teenager Trayvon Martin by George Zimmerman. Zimmerman was acquitted after claiming self-defense under Stand Your Ground. The case sparked protests over racial bias and misuse of the law.
Other controversial cases include:
- A man who shot and killed another in a parking lot dispute, successfully claiming Stand Your Ground despite video evidence the victim was backing away when shot.
- A sheriff’s deputy who killed a Black man holding an unloaded air rifle, with the courts upholding Stand Your Ground’s application to police.
- Numerous cases of domestic abusers successfully citing Stand Your Ground after violence against partners, even when victims/families opposed immunity.
The ongoing disputes around Stand Your Ground will likely lead to continued efforts to repeal or amend the law. But for now, it remains in full effect, leaving our Fort Myers defense attorneys to navigate its complexities in court.
When Is Stand Your Ground Not Applicable?
While Stand Your Ground grants wide latitude for the use of self-defense, it does not apply in all situations. Our lawyers know there are limits to its protections.
For example, Stand Your Ground cannot be invoked if the incident occurs while the defendant is committing a crime themselves. This means someone cannot claim self-defense for a shooting that happened during a drug deal gone wrong, for instance.
Stand Your Ground also does not apply if the defendant played a role in provoking or instigating the confrontation. The law is intended to protect those responding to unprompted threats. If we can show a client escalated a dispute that later turned physical, we likely cannot file for immunity under this law.
Additionally, the use of force must be proportional to the perceived threat. For example, deadly force generally cannot be used to defend against a non-deadly threat like a fistfight. The response must match the level of danger faced.
Working With a Local Attorney Is Key
Navigating Florida’s complex self-defense laws, including Stand Your Ground, can be challenging. An experienced local attorney is essential to protect your rights.
The lawyers at our firm have in-depth knowledge of how these laws are interpreted by prosecutors and courts here in Fort Myers. We know what types of evidence can strengthen or weaken a self-defense claim under Stand Your Ground. And we have a record of success challenging questionable applications of the law.
Don’t go it alone. If you are facing charges related to defending yourself or your home, consult with us right away. We’ll review your situation, build the strongest case possible, and aggressively defend your freedom. With an attorney on your side, you can feel confident you fully understand your rights under Florida’s self-defense laws.