Expanding the Florida Castle Doctrine
The Castle Doctrine is an old common law adage that a “man” has a right to defend his castle. The legal theory behind the Castle Doctrine is that when a person unlawfully enters another’s home, then the homeowner does not have to flee.
Before Stand Your Ground (SYG) was enacted in 2005, an individual had a duty to retreat, to the best of their ability, when attacked. The only exception to the duty to retreat was the in the so-called “castle.” Stand your ground changed that, and now victims of an attack no longer have a duty to retreat.
Attorney for Stand Your Ground in St. Petersburg, Florida
In 2005, Florida self-defense law dramatically changed. Today SYG is more controversial than ever. If you have had the misfortune of being charged with battery, assault, or homicide and you believe that you were justified in using force, then call attorneys at the the Morris Law Firm for a detailed strategy session.
Stand Your Ground in a Car in Florida?
The 2005 SYG law in Florida expanded the Castle Doctrine to include not just the home, but a motor vehicle as well. Under the current SYG law, when a person acts in defense of property, he or she does not have a duty to retreat.
In fact, SYG allows an individual to use force, even deadly force, if reasonably necessary to prevent a forcible felony involving the property.
Stand Your Ground Anywhere?
Stand Your Ground fundamentally changed self-defense law. According to the Task Force on Citizen Safety and Protection, Florida residents overwhelmingly believe that people who are law-abiding citizens have a right to defend themselves and stand their ground when they are attacked.
Without a duty to retreat in a place where an individual has a lawful right to be, including public streets, many confrontations between individuals could end in fighting force with force. To understand the limits of SYG, it is important to speak with an experienced criminal defense attorney.
The Florida Stand Your Ground Statute
Florida Statute § 776.013, entitled the Home Protection; Use of Deadly Force; Presumption of Fear of Death or Great Bodily Harm, is commonly known as the Stand Your Ground statute. It includes the law and associated definitions as are currently in place in Florida.
CS/SB 128: Self-defense Immunity – Visit the official website of the Florida Senate to find out more information on the upcoming changes to the Florida SYG law sponsored by Senator Rob Bradley (R).
Find an Attorney for Self-Defense in Pinellas County, Florida
If you or someone you know has been charged with battery, homicide, or assault and you were using force to prevent someone from hurting you, your property, or someone else, then you may be entitled to a Stand Your Ground defense. Speak to an experienced St. Petersburg, Florida, criminal defense attorney for more information about self-defense.
Call the Morris Law Firm to speak one-on-one with an attorney who is a zealous advocate for the rights of criminal defendants. The Morris Law Firm takes cases in Pinellas County, and in the surrounding areas of Pasco County, Hillsborough County, Sarasota County, and Manatee County, Florida.
We have fought for criminal defendants for years. We have a systematic and detailed approach to cover all of the facts and circumstances of our clients’ cases ensuring that we uncover every possible defense. We also ensure that our clients fully understand their rights.
Call (727) 388-4736 now to learn more about how we can help you and present your best defense.
This Article Was Last Updated on March 20, 2017