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Standing your ground doesn’t require you to retreat

On Behalf of | Dec 20, 2020 | Felonies

One law that is somewhat unique to Florida is the “Stand Your Ground” law. This law is highly controversial, but it can also be beneficial to those who have been forced to use deadly force against another person.

The law specifically allows people to use deadly force at almost any time or anywhere within the state they lawfully are if they feel that their lives are at risk or that they’re at risk of serious injury. This is not the same as the other self-defense laws used in most states around the country, because it does not require the person who fears for their life to retreat before attacking.

Walking away isn’t necessary when standing your ground

This is an important difference to talk about because standing your ground means just that. It means you do not have to move from where you are or retreat to show that you were defending yourself. While some argue that this allows people to get away with gun crimes or violent crimes more easily, others argue that it gives those who face danger the opportunity to fight off an attacker without having to first try to flee.

The key is that they must be a reasonable belief that the individual could be harmed or killed. For example, if you see that someone is following you in a parking lot, you might be frightened. If they start running towards you and have a weapon, then you may turn around with your own weapon in response to your fear of being attacked. If you shoot or kill the other person, then you’d potentially have a reasonable case against prosecution.