Everyone has the right to protect themselves. If you ever find yourself in danger, and your fight or flight instincts tell you to fight, you can do so to defend yourself. But what happens when defending yourself ends in fatally harming another person?
You can potentially face a murder charge if you accidentally kill someone in self-defense, but fortunately, there are laws that can help you fight such charges.
Laws that strengthen self-defense claims
Two laws in Florida can help strengthen your self-defense claim—the castle doctrine and the Stand Your Ground law.
Under the castle doctrine, people are not required to retreat or run away before they can defend themselves in their own home. The Stand Your Ground law essentially expands this, stating that people have the right to “stand their ground” and not have to retreat before they using self-defense even in places outside their home.
Understanding your right to self-defense
The right to self-defense allows you to use force to protect yourself if you have a reasonable belief that your safety is at risk. Take note that there are criteria you need to meet for your actions to qualify as self-defense, which includes:
- You feel or perceive immediate threat and danger
- You use force that is reasonable and equivalent or proportionate to the level of danger
- You do not act as the initial aggressor or do not initiate threats against the other person
- You are not unlawfully entering a place or trespassing an area
When can you claim self-defense?
Examples of situations where you can claim self-defense include:
- When someone physically attacks you
- When an intruder enters your home
- When an intruder enters your workplace
- When someone threatens you or waves a deadly weapon at you
- When a thief tries to steal from you
Despite its name, the concept of self-defense does not only apply to yourself. You can also use self-defense to protect other people around you if you feel that they might be in danger, such as when someone threatens or attacks your friend or loved one you are with.
Consult an experienced professional
Although Florida courts typically offer or assign a public defender to defendants, choosing your own attorney specializing in criminal defense may yield better results. They often have a better understanding of castle doctrine and stand your ground and can apply these principles to create a strong defense for your case.