If you own a gun in Florida, you may wonder whether self-defense with your firearm is permitted. For example, if an intruder comes into your home or vehicle, to what extent might you be able to use force against that individual? And if criminal charges are made, could you claim self-defense in a court of law? Should you consider hiring a lawyer?
If you have any of these questions, you may require answers from individuals with significant experience with and knowledge of gun laws. Our team at Fighter Law may be able to assist you by answering your questions and leading you to take the most beneficial actions. If you need help understanding Florida’s self-defense laws, specifically regarding gun use, please continue reading for a few helpful insights.
Since it was enacted in 2005, the Stand Your Ground Law is referenced most frequently when discussing self-defense with deadly force. Deadly force may include the use of a gun, but the specifics of the law may need to be better explained to those who are less familiar. According to Florida Statute 776.013:
“(1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use…Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.”
Self-defense using deadly force, including that with a gun, is only lawful in cases where there is a severe fear of loss of life, significant harm, or the threat or occurrence of a felony resulting in the harm of a person. In most instances, unless there is fear of death or serious injury to a person, deadly force is not permitted in Florida law. Please speak with a qualified attorney if you need assistance determining other circumstances where this law does and does not apply.
If someone is charged with a crime, partly because they used a gun in Florida, they may be able to argue self-defense in a court of law. However, certain exemptions to the law may apply. The Stand Your Ground Law may not apply if someone commits a crime.
If you’ve been charged with a crime after using a gun, you may want to follow a few steps to ensure the best possible outcome for your case. We have a few recommendations you should consider.
If you are involved in a case, especially where you are the defendant, we recommend you avoid discussing your case with anyone, including close friends or family. The only exception would be discussing your circumstances with a lawyer, as you may receive lawyer-client confidentiality.
We strongly recommend speaking with a board-certified and experienced criminal defense lawyer, like those at Fighter Law, if you have been charged with a crime. Speaking with a lawyer as soon as possible may help you in several ways, including the following areas:
If you are involved in a legal case, we encourage you to refrain from representing yourself. Your weapon offense lawyer is far more likely to help you receive favorable results and return to a sense of normalcy quickly and smoothly.
If you need help protecting your rights during a criminal defense case, including those involving guns and deadly force, our team at Fighter Law may be able to help. We are led by the experienced, multilingual, and board-certified attorney Thomas Feiter. Our team is dedicated to assisting clients through every step of the legal process, and we may be able to assist you by reducing or eliminating the consequences you potentially face.
To discuss the details of your circumstances and receive more helpful information, please don’t hesitate to contact us. You can call us at (407) 344-4837 or complete our online contact form at your earliest convenience. Speaking with an attorney may help you receive the best possible outcome in your case, so allow our team to fight for you.
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