Your Right to Defend Yourself
If someone attacks you, you have the right to defend yourself. This is commonly known as self-defense. As simple as this may sound, this was not always the case in Florida. Fortunately, Florida was one of the first states to make changes in their laws that expand the doctrine of self-defense.
Florida’s Stand Your Ground’ Law
Under an expansion of the Castle Doctrine, Florida changed its self-defense laws in 2005 to what is now known as Florida’s “stand your ground” law. Prior to this change, if a person attacked you, you only had a legal right to defend yourself with the use of force if you were in your home (hence, the older “castle” doctrine). However, under Florida’s new law, you are now able to defend yourself with force outside your home.
One of the major benefits of Florida’s “stand your ground” law is that you now have a right to file a motion to have a hearing on your immunity from prosecution before trial. Hiring an attorney early on can ensure pitfalls of a trial. Instead, you can have a judge grant you immunity prior to ever having a trial date set. The standard for this is showing by a preponderance of the evidence that you were legally justified to defend yourself — you were in fear and the person was going to attack you.
Self Defense And Lethal Force
There is a huge difference between self-defense and defense using lethal force. The only time deadly force is considered self-defense is if a person reasonably believes it is necessary to do so to prevent death or great bodily harm.
One of the most common areas that involves self-defense is domestic violence. If you have a domestic violence matter and require representation, I can also assist you with that.
Contact An Aggressive, Experienced Attorney
If you are facing any type of criminal charge, it is important to take action right away. The sooner you act, the more time you and your lawyer have to build a strong criminal defense, including self-defense arguments. Call The Law Office of Gustavo E. Frances, P.A., toll-free during business hours at 954-533-2756 and after hours at 954-297-6546. You can also reach me online. Consultations are always free and confidential.
Contact Me For Criminal Defense
For legal representation in any criminal matter in Florida, please reach out to me online or call me toll-free at 954-533-2756.