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McIntosh Law | Advocates for The Accused Since 1993

Speak With Our Attorneys –

Phone: 941-306-3230

Can you stand your ground during a road rage encounter?

On Behalf of | Jun 17, 2022 | Criminal Defense

If drivers seem to be increasingly angry nowadays, your mind certainly is not playing tricks on you. In fact, according to information from Policy Advice, roughly 80% of Americans have experienced some type of road rage within the last year.

While road rage usually ends with rude gestures and curse words, it is becoming more and more deadly. If another driver approaches your vehicle and threatens you, you may wonder if you have the right to stand your ground. The answer is probably yes.

Justifiable homicide

In the Sunshine State, it is justifiable for a person to use deadly force to protect himself or herself from great bodily harm or imminent death. It is important to note, though, that Florida’s stand your ground law is a defense to homicide charges. Therefore, you may have to prove you had an immediate fear of great bodily harm or death when you were standing your ground.

The aggressor

It can be easy to get caught up in traffic conflicts. If you are the aggressor in a road rage incident, you may have a more challenging time defending yourself on a stand-your-ground theory. The same is true if the other person is trying to retreat when you use deadly force. Therefore, it is advisable to remain as calm as possible when you are on public roadways.

Because of Florida’s stand-your-ground law, you have no duty to retreat from a situation that threatens your physical wellbeing or life. Ultimately, though, trying to get away from the threat may keep you from having to defend yourself against homicide or assault charges.

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