Self-Defense: How Florida's Stand Your Ground Law Works

Self-defense laws are key components of the legal system, designed to protect those who use force to defend themselves from harm. The state of Florida’s “Stand Your Ground” law is one of the most prominent self-defense statutes in the United States.

As an experienced criminal defense attorney in Daytona Beach, Florida, I know how important it is to understand how Florida's Stand Your Ground law works, it's necessary to explore its origins, its legal implications, and how it's applied in various cases. Here's what you need to know about this self-defense law and how it could pertain to your case.

What Is Florida's Stand Your Ground Law?

Florida's Stand Your Ground law, officially codified as Florida Statutes Section 776.013, was passed in 2005. The law allows individuals to use force, including deadly force, in situations where they believe they're at imminent risk of death or great bodily harm, without having to retreat from the threat. 

The core idea behind the law is the premise that individuals have the right to defend themselves without the legal obligation to retreat, even in public spaces or in situations where they could potentially avoid the conflict by retreating.

Before the enactment of the Stand Your Ground law, Florida, like many other states, followed the “Castle Doctrine” rule, which allowed individuals to use deadly force in their own homes to defend themselves without a duty to retreat. 

However, under the previous system, this legal protection wasn't extended to individuals outside their homes. Stand Your Ground expanded that protection beyond the home to any place a person has a legal right to be, including public spaces.

How Does the Law Work?

The Stand Your Ground law allows individuals to use force, including deadly force, in the following situations:

• Imminent threat: The person must have a reasonable belief that they're facing an imminent threat of death or serious bodily harm.

• No duty to retreat: If a person is attacked in a place they have a legal right to be, they're not required to retreat before using force to protect themselves. This includes public spaces, their car, or their own home.

• Use of force: The force used must be proportional to the threat faced. If someone reasonably believes they're in danger, they're entitled to use force, up to and including deadly force, to protect themselves.

Under Florida’s law, a person who uses force in self-defense is presumed to have acted reasonably and in good faith if they were attacked while on their property or in a place where they have a right to be.

This presumption shifts the burden of proof in certain cases, making it harder for prosecutors to prove that the individual acted unlawfully. The law isn't limited to physical confrontations, and it extends to situations involving verbal threats as well.

Key Features of Stand Your Ground

To better understand how Florida's Stand Your Ground law functions in practice, it's important to examine its key features, which distinguish it from other self-defense laws and define its scope and limitations.

No Duty to Retreat

The idea behind this provision is rooted in the belief that a person shouldn't be required to flee or back down in the face of danger, particularly when they have a legal right to be in a given place.

The Castle Doctrine and Its Extension

The concept of “Stand Your Ground” is an extension of the Castle Doctrine, which grants individuals the right to use force to defend their homes, property, and, in some cases, their family members. 

The Castle Doctrine has long been a part of American law, affirming the idea that a person has a right to defend their home without the obligation to retreat from an intruder. 

The Stand Your Ground law takes this a step further, applying the same principles to public spaces and other areas where an individual has a right to be.

The Use of Deadly Force

Florida law permits the use of deadly force under certain circumstances, which include when a person reasonably believes that they're in immediate danger of death or serious bodily harm. 

The law is designed to give people the ability to protect themselves from imminent harm, without requiring them to attempt to escape the situation first. If a person uses deadly force, it isn't automatically presumed to be illegal if the person was facing a threat.

The Presumption of Reasonableness

The Stand Your Ground law includes a legal presumption that the use of deadly force is justified if the person is confronted by a threat in a place they have a right to be, like their home or a public location. 

The law presumes that the person acted reasonably and lawfully in defending themselves. However, the presumption can be rebutted in court if there’s evidence suggesting that the use of force wasn't justified.

The Stand Your Ground Immunity Hearing

One important aspect of the Stand Your Ground law is the immunity hearing, which allows individuals who use deadly force in self-defense to avoid criminal prosecution. 

If the individual is charged with a crime related to their use of force, they can request a pre-trial hearing with the help of their criminal defense attorney to determine whether they're immune from prosecution under the Stand Your Ground law.

In these hearings, the defendant doesn't need to prove their innocence but rather shows that they acted in self-defense. The burden of proof rests on the prosecution to prove, by a preponderance of the evidence, that the defendant didn't act in self-defense. 

If the judge rules in favor of the defendant, the charges are dismissed, and the individual is immune from criminal prosecution. This immunity hearing serves as a preemptive defense mechanism and is a crucial part of the legal process under Stand Your Ground.

Application in Real-Life Cases

While Florida’s Stand Your Ground law has been applied in many cases, its outcomes aren't always predictable. For example, in some cases, defendants who invoked Stand Your Ground were acquitted, while in others, they were convicted despite claiming self-defense.

The Case of Marissa Alexander

Marissa Alexander, a Florida woman, was sentenced to 20 years in prison for firing a warning shot at her abusive husband. Alexander argued that she was acting in self-defense after her husband had made threats of violence. 

Despite invoking the Stand Your Ground law, she was convicted. The case prompted questions about the law’s application and raised concerns about whether it was being used inconsistently, particularly in cases involving women and domestic violence.

The Case of Michael Drejka

In 2018, Michael Drejka, a Florida man, shot and killed Markeis McGlockton after an argument over a parking spot. Drejka claimed that he shot McGlockton in self-defense, citing Florida’s Stand Your Ground law. 

The incident sparked outrage because Drejka had initiated the confrontation. The case highlighted the potential dangers of a law that removes the duty to retreat, as the incident was escalated by Drejka's actions, yet he was able to avoid conviction under Stand Your Ground.

These real-life applications of the Stand Your Ground law show why it's important to work with a criminal defense attorney to help establish that you were standing your ground beyond a reasonable doubt. In the event that you're still sentenced, your criminal defense attorney can help argue for a lower sentence.

Contact a Criminal Defense Attorney in Daytona Beach, Florida

If you're facing criminal charges and you were acting in self-defense, it may be in your best interest to contact me, Attorney Jeffrey Higgins, an experienced criminal defense attorney at Daytona Defense. I serve clients in Daytona Beach, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact Daytona Defense to schedule a consultation today.