Confronting a stranger who has invaded another’s personal space may become deadly. If one person feels threatened, Florida’s Stand Your Ground law may act as a defense against the action.
What exactly does this law mean, and when is it appropriate to use it? Learn some fundamental elements of how the police and the court might see a confrontation.
What is the Stand Your Ground law?
The Stand Your Ground law grants citizens the right to use lethal force to protect themselves from imminent danger. To prove this, the person who took action must show that he or she was in fear and had reason to believe that the person infringing was there to cause harm. Stand Your Ground is also a defense when one person uses force to stop someone else from committing a forcible felony. People often apply this defense when the incident happens in or near their homes or vehicles.
In what situations does it not apply?
In some situations, Stand Your Ground is not a viable defense for acting against another. For instance, a person committing a crime cannot claim to feel threatened and claim fear of bodily harm. Stand Your Ground also does not apply in defense of harming a police officer performing his or her job.
A defendant acting under Stand Your Ground has to convince the judge or jury that you took appropriate action. Absent this, this law may not apply, and it will not make a fruitful defense. Someone with years of experience in a case like this may prove a solid ally to guide through the system.