Can You Go To Jail for Self-Defense in Florida?
Florida has some of the most liberal self-defense laws in the country. Not only is it one of the 34 states that have enacted what are commonly referred to as “stand your ground” laws, but in Florida, the laws have been amended to make it more difficult to convict someone who claims to be acting in self-defense. This leads many to ask the question: can you go to jail for self-defense in Florida? The criminal defense attorneys at Avera & Smith are here to explain your rights and what you should know about claiming self-defense in Florida.
What Are “Stand Your Ground” Laws?
The “stand your ground” laws that we know today are based on the castle doctrine. The castle doctrine is a long-standing principle that legally justifies the use of force in your home. It dictates that if you are in your home, you have no duty to retreat or attempt to retreat before using force to defend yourself and/or your family, up to and including the use of lethal force.
Understanding Florida “Stand Your Ground” Laws
In 2005, Florida enacted “stand your ground” laws and extended the castle doctrine to anywhere in Florida that you legally have a right to be, including public places. This modified the long-held legal principles of the castle doctrine in two ways. First, it eliminated an individual’s duty to retreat or attempt to retreat outside of their home before using lethal force. Second, it changed the legal standard from whether a reasonable person would be in fear of death or great bodily harm, given the facts and circumstances of the encounter, to whether the individual person reasonably fears death or great bodily harm.
Simply put, as long as a judge or jury believes that the individual was in fear of death or great bodily harm, no matter how absurd or ridiculous the circumstances may appear, they have a legal right to self-defense, including the use of deadly force.
Burden of Proof for Claiming Self-Defense in Florida
Initially, when the “stand your ground” law went into effect in 2005, a Defendant claiming self-defense had the burden of proving whether or not self-defense was reasonable at either trial or a pre-trial hearing. In 2017, the law was amended to shift the burden to require the State to prove that self-defense was not reasonable. This requires a judge to hold a hearing before any trial to determine whether the State may proceed with a prosecution by proving self-defense was not reasonable under the circumstances.
If the State is unable to establish by clear and convincing evidence that self-defense was not reasonable, then the Defendant is immune from both civil and criminal liability. Simply put, the defendant cannot be sued or charged with a crime.
Other Factors to Consider When Claiming Self Defense
While Florida’s laws do offer significant protection to those defending themselves, you can still go to jail while claiming self-defense in Florida. Courts will take a look at all of the issues involved, such as who was the initial aggressor, whether or not you were lawfully at the location where the incident occurred and the reasonableness of fear.
Please keep in mind that this article simplifies a very complex issue, and cannot address all of the possible considerations involved. There have been several cases of unarmed citizens being killed in public places where the defendant has claimed self-defense under the “stand your ground” law. Some have resulted in immunity from prosecution, while others have resulted in criminal convictions and lengthy prison sentences.
Claiming Self Defense in Florida and Free Lawyer Consultations
If you have been charged with a crime while acting in self-defense, or simply have questions about your rights in a self-defense situation, the criminal defense attorneys at Avera & Smith are here to help. With over 65 years of experience representing Floridians, you can count on us to be your legal resource. Contact us today to schedule your free lawyer consultation.