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Fort Myers Criminal Defense Lawyer / Blog / Criminal Defense / Florida’s Stand Your Ground Law: Do I Have a Duty to Retreat?

Florida’s Stand Your Ground Law: Do I Have a Duty to Retreat?

The state of Florida is well-known for its Stand Your Ground law. While some people have a full understanding of the law and what it means for them, not everyone understands the purpose of this law or when it might come in handy. If you would like to know more about the stand your ground law in Florida and whether you have a duty to retreat or not when residing in Florida, a Ft. Myers defense attorney from Foley & Wilson Law Firm is here to provide you with more insight to give you a better understanding of it.

What Does “Stand Your Ground” Mean?

In the United States of America, some states consider it illegal to use deadly force as a means of protection. However, in Florida, those who are attacked by another person have the right to face their enemy and do not have a duty to retreat.

Carried out to its extreme, the law essentially means that residents of Florida have the right to stand their ground and use deadly force to defend themselves to prevent great bodily harm, permanent disability, or death. Residents do not need to retreat and can instead take matters into their own hands by standing their ground, hence the colloquial name for the law.

For example, if someone approaches another person in a menacing matter with a deadly weapon, the victim may then lawfully defend themselves with equal force to stop them if they can reasonably articulate that they were in fear of great bodily harm or death afterward. The Ft. Myers defense attorney will gladly go over the details of this law with you.

Are These Laws Beneficial to Residents?

Some residents of Florida may have concerns about the Florida Stand Your Ground law and what it means to them. While it is natural for some to feel worried about the possibility of another person causing harm to them simply because they felt threatened, that is not the purpose of this law that has been put in place in Florida.

The Florida Stand Your Ground law was designed to make sure people in the state have the right to protect themselves during emergencies in which there is no other choice. However, it is not an excuse for people to go on a shooting or stabbing rampage and cause harm to innocent people. If someone does choose to act out and tries to use this law to protect them from facing legal trouble, they will often still be penalized. Someone who acts in good faith when standing their ground would likely not face any criminal punishment associated with their actions, provided those actions comply with the law.

Involved in a Stand Your Ground Situation? Let Robert Foley Help

The Stand Your Ground law in Florida is in place to protect residents, but even still, the law can create a bit of controversy. If you were involved in a situation where you had to use a weapon because you felt like you were being attacked and you needed to stand your ground, you might have concerns about possible punishments. When you have such serious concerns, it makes the most sense to contact Foley & Wilson Law Firm for legal assistance. As an experienced criminal defense law firm, we have the answers to questions you might need to ask. You can reach out to us at 239-690-6080 to schedule your consultation and get an ally who will fight on your side.

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