Protect Yourself Law in Florida

It is nearly impossible for someone to turn on their television set and not see that news story involving the shooting of Trayvon Martin. The negative effect that the shooting has had on the state of Florida has drawn a great deal of attention to what is call the Stand Your Ground Law in Florida.

Many people feel that the law is asking for trigger happy individuals to present themselves, but others realize that the law is not all that different than many of the protect yourself laws across that country.

What Exactly is the Stand Your Ground Law?

The 776.013 State Statute is a law that allows any Florida resident to use deadly force if there is reason to believe that that their life is being threatened. This is a law that allows an individual to use whatever force necessary to defend their life should the feel it is at risk.

There are some limitations to the law. You will not simply be able to claim that you felt your life was threatened due to a person’s appearance. You will either have to have been removed from your home, office, car or other dwelling or the threat must have unlawfully entered one of these places in order for you to be able to legally be able to defend yourself.

Where the Law Cannot be Used

You are not able to use the Stand Your Ground Law against any individual that has a legal right to be inside the dwelling, if the person is there to retrieve or visit someone that they have legal custody over, or if the remove someone that they have legal custody over.

The Law Cannot be Used while Committing a Crime

The law cannot be used against a law enforcement officer. The law enforcement officials are trained on how they should treat the people that they suspect are committing a crime, and are with in their right to use a reasonable amount of force in order to detain that person. A person who chooses to try and “defend” themselves against a law enforcement office will not be able to use the Stand Your Ground Law as a part of their defense.

Retreat Not Required

Many states have a retreat requirement which means that if a person has the opportunity they are required to retreat. The Florida Stand Your Ground Law allows you to do just that and defend yourself, your family, and your property as long as the situation meets the requirements of the law.

If you have been charged with an offense under circumstances that may relate to the Stand Your Ground law do not hesitate in contacting the knowledgeable Jacksonville criminal defense attorney James Davis. He can help you navigate the intricacies

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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