Florida Law on Self Defense: When is Using Force Justifiable?

Self-defense is a sensitive topic. If someone is using force against you; you have the right to defend yourself against such an act. According to Florida Law, there are two types of forces that are to be used namely, non-deadly force and deadly force. There are a number of law firms that will help you in defending your case in the legal court, but before that you need to understand that when is using force justifiable. Flaherty Defense Firm can be of great help to you in this respect. We have attorneys that can provide professional support and help to you. If another person uses force on you, according to the law you have all the right to defend yourself against the repellent force.

Non-Deadly Use of Force:

A person is allowed to use non-deadly force to stop another person if he thinks that he has harmful intentions. According to Section 776.012, Florida Statutes, if the person thinks that the other person has no intention of retreating and is invading personal space, then the use of force is justified. The person doesn’t have the duty to retreat but to defend himself. In addition, if a person tries to invade into the house unlawfully or without permission, then you can exercise your right of self-defense. The Florida law is very clear and has detailed clauses on self-defense.

Deadly Use of Force:

In order to avoid criminal liability, the use of deadly force is allowed according to Florida law section 776.012 and section 776.013. If the predator is in the defendant’s house, and the latter thinks that he has a reasonable fear of bodily injury or death, then the defendant can use deadly force to stop the predator. In cases where a person forcibly tries to enter into your vehicle, you have the right to stop that person using force. But there are a few situations under which you will not be allowed to use deadly force, which is as follows

  • The person whom you are using force against has the right to be present within the house or the car.
  • The person you are using force against is a law enforcing officer who is there only to perform his official duty.

If the defendant is not involved in any unlawful activity and present where he/ she was supposed to present, then he/she has the right to exercise their right of self-defense. The juries in Florida have a very interesting procedure for evaluating such cases. They act similar to how these people would have acted in certain situations; such cases are usually dependent on human instinct. Whenever a person is faced with such situations, according to human psychology the reactions are either fight or flight, and in self-defense it is often fighting. When you take a self-defense case to court the most insignificant evidence is considered sufficient, provided that the other party has no defense to present. At Flaherty Defense Firm you are certified to get the help needed in any such case. Hiring our criminal defense lawyers will make the process even simpler for you as they know the minutiae of regulations and will be able to represent you better.