Orlando Stand Your Ground Lawyer
It is a well-established principle of law that a person has the right to act in self-defense. Florida provides some of the broadest self-protection rights in the country through what is commonly known as the “Stand Your Ground’ law. Essentially, the law protects your right to use force–and in some cases deadly force–to protect yourself or someone else from imminent violence.
While controversial, the Stand Your Ground law provides accused individuals with a process for dismissing a criminal against them before the matter even gets to a jury. An experienced Orlando Stand Your Ground lawyer can review your particular case and advise you if the law may protect you from prosecution. The Joshi Law Firm, PA, is a full-service Central Florida criminal defense firm that has handled many high-profile cases involving the Stand Your Ground law and similar claims of self-defense.
No “Duty to Retreat” in Florida
Historically, American common law established that a person has a “duty of retreat” before using deadly force in self-defense. Florida legislators, however, chose to eliminate that requirement through the Stand Your Ground law. Under the current statute, a person has no duty to retreat and can use force in the following circumstances:
- A person may use, or threaten to use, non-deadly force against another if that person reasonably believes it is necessary to defend themselves or another against the other person’s imminent use of unlawful force.
- A person may use, or threaten to use, deadly force against another if that person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the commission of a forcible felony.
It is important to note that the Stand Your Ground law does not prevent a prosecutor from charging you with a crime. It simply means you can argue to a judge that you are immune from prosecution because you acted in lawful self-defense. The judge is required to hold a hearing and dismiss any charges if you can prove, by a preponderance of the evidence, that you acted in accordance with the law.
There are some important caveats and exceptions to Stand Your Ground immunity, such as:
- You cannot claim immunity if you were engaged in a criminal act yourself.
- You cannot claim immunity if you were on someone else’s property unlawfully.
- You cannot claim immunity if you intentionally provoked the other person.
- You cannot claim immunity if you used deadly force against a law enforcement officer acting in the performance of their duties.
Contact Our Orlando Stand Your Ground Lawyers Today
Stand Your Ground immunity is a powerful tool that can help you avoid a potential felony conviction under Florida law. But you cannot assume the State Attorney or the courts will simply accept your claim of self-defense. You need a qualified Orlando Stand Your Ground lawyer who can assist you in building a compelling case for immunity. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.
