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WHAT IS THE STAND YOUR GROUND LAW IN FLORIDA?

Posted by John P. Rutkowski | Jul 28, 2018 | 0 Comments

STAND YOUR GROUND AND THE USE OF NONDEADLY FORCE:

The stand your ground law is codified in F.S. 776.012. It states that a person is justified in using force, except deadly force, against another when the person reasonably believes that the force is necessary to defend him or herself or another against the other persons imminent use of unlawful force.

In this situation a person who uses force in accordance with this section has no duty to retreat. The standard of a person's reasonable belief is subjective. Meaning the individual who is threatened, reasonably believes, in their mind, they are in imminent danger. Subjective belief also means an individual who believes they would not have acted the same way as the person who used force, cannot substitute their belief for that of the person who stood their ground, or project a reasonable person standard. The reasonable person standard means, judging an individual who stood their ground by what a reasonable person would have done in the same situation.

STAND YOUR GROUND AND THE USE OF DEADLY FORCE:

A person is justified in using deadly force against another when the person reasonably believes that deadly force is necessary to defend him or herself or another, to prevent imminent death or great bodily harm or to prevent a forceable felony. A person who uses deadly force in accordance with this section does not have a duty to retreat and has the right to stand their ground if, that person is not engaged in criminal activity and is in a place where he or she has a right to be.

Again, in this situation a person who uses deadly force in accordance with this section has no duty to retreat. The standard of a person's reasonable belief is subjective. Meaning the individual who is threatened, reasonably believes, in their mind, they are in imminent danger of death or great bodily harm. Subjective belief also means an individual who believes they would not have acted the same way as the person who used deadly force, cannot substitute their belief for that of the person who stood their ground, or project a reasonable person standard. The reasonable person standard means, judging an individual who stood their ground by what a reasonable person would have done in the same situation.

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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