Tuesday, June 12, 2012
Florida's "Stand Your Ground" Law
Just for the record, here is the heart of the law:
776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
The "does not have a duty to retreat" is the "stand your ground" part. If you have reasonable grounds to use deadly force you cannot be prosecuted just because you didn't give way to the attacker.
The full law is available here.
776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
The "does not have a duty to retreat" is the "stand your ground" part. If you have reasonable grounds to use deadly force you cannot be prosecuted just because you didn't give way to the attacker.
The full law is available here.
