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Stand Your Ground Statute Law

The “Stand Your Ground” law is often believed to apply solely to using a firearm in self-defense. However, it actually applies to defending yourself however you see fit against a violent crime. There is, of course, more nuance to the wording of the statute, and interpreting it can be difficult, which is why it’s important to seek an experienced defense attorney to help argue your case. If you’ve been involved in a violent crime, contact Hanlon Law today to schedule a free consultation. 



What is the Stand Your Ground Law?


The Stand Your Ground law, legally known as the justifiable use of force, is defined by Florida Statute 776.012 


Essentially, the law denotes that if you are in a location you have the right to be in, and you reasonably believe someone is imminently going to use “unlawful force” against you, you are “justified in using, or threatening to use, force” against that person without the obligation to retreat. The force you are allowed to use (or threaten to use) may not be deadly unless you reasonably believe you are in imminent danger of “death or great bodily harm.” 


“Without the obligation to retreat” refers to previous forms of self-defense law in Florida, which required citizens to make reasonable attempts to flee before retaliatory force can be accepted as self-defense. Basically, you had to try to run away or get away from the situation first, and only if you are unable to escape could you legally commit violence against the other person as self-defense. Now, though, citizens are not required to attempt retreat. You are allowed to “stand your ground” against a threat – hence the colloquial name of the law. 


The law specifically mentions both deadly and non-deadly force. You are, generally speaking, only allowed to threaten or commit violence against a person in self-defense that is comparable to the violence they are threatening or committing against you. So, if someone is threatening to kill you, or actively attempting to do so, attempting to do the same falls under self-defense. 


However, if someone is threatening a lesser violence, such as a punch to the face, and you threaten to shoot them, that disproportionate reaction could be considered excessive force that does not fall under the Stand Your Ground statute. 


It’s also important to note the caveat regarding location. This means that the Stand Your Ground law does not apply if you are somewhere you aren’t meant to be – for example, if you’ve broken into someone else’s home. This caveat also covers situations where you are actively in the process of committing a crime; you cannot claim self-defense under this statute if you are breaking the law at the time of the self-defense. 


Standing Your Ground at Home


Florida Statute 776.013 also addresses self-defense, this time specifically in private dwellings, residences, and conveyances (means of transportation, like a car or motorcycle). A person’s right to defend their home or other private property is protected by this statute by denoting that the reasonable belief of imminent danger can be presumed. 


Basically, in a public location, there would need to be sufficient indication that you’re in imminent danger in order for you to claim self-defense. However, if you’re at home, anyone who isn’t legally supposed to be there can immediately be assumed to be a threat, meaning you don’t have to wait for them to threaten you first before acting in self-defense. 


It’s important to note that this only applies to those without the legal right to be on your private property. A roommate or family member who lives with you cannot be presumed as a threat just by being on your property. Similarly, a law enforcement officer or other government agent cannot immediately be presumed a threat, as they have the legal right to approach your property and ask to speak with you, and may have the legal right to enter your home if they have a warrant or other reasonable cause. 


So What is Reasonable Belief?


Aside from the exceptions when you’re at home, the Stand Your Ground law hinges on one simple adjective: “reasonable.” You must be reasonably afraid of imminent violence, danger, death, or great bodily harm in order to justify the use of retaliatory violence in self-defense. But how do you determine what’s “reasonable?” 


This question is generally what any self-defense court case comes down to. Luckily, the burden of proof lies on the prosecution to prove that there wasn’t reasonable belief of imminent danger. Essentially, if you claim self-defense, the prosecuting attorney will have to show enough evidence to show that you did not have reasonable cause to believe that you were in imminent danger, therefore making your actions fall outside the umbrella of self-defense. 


Lakeland Criminal Defense Lawyers 


Self-defense cases have become simpler since the Stand Your Ground law was passed, but they’re still not simple. It’s important to have an experienced defense attorney to help argue your case and fight against accusations that your actions were not in self-defense. Will Hanlon with Hanlon Law has been representing the accused for nearly twenty years. Our dedicated legal team will work tirelessly with you to develop a solid defense and secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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