Shot During Alleged Burglary in Port Charlotte: What Are My Options?

If you were shot by a property owner or police officer in Fort Myers, you may face burglary charges in addition to your wounds. However, you may be able to fight your burglary charges with relative ease, especially if you work with an experienced defense attorney. Often, these shootings are unjustified, even with Florida’s relatively strong self-defense laws. How should you approach this situation?

Are People Allowed to Shoot Burglars in Florida?

A burglary is a “forcible felony” in Florida. Under Florida law, deadly force may be justified in the defense against forcible felonies. As a result, a homeowner or occupant may be allowed to fire upon you if you commit a burglary. Note that the homeowner can use deadly force if they “reasonably believe” you are committing a burglary, even if it later becomes clear that you were not attempting to commit this crime.

For example, you might be a door-to-door salesman who sells hammers. If you arrive on someone’s doorstep and take out a hammer in order to show the homeowner your product, the homeowner might jump to conclusions and assume you are trying to break in. They may then legally fire upon you in self-defense against a perceived burglary, even if you were not actually committing a crime. All kinds of other misunderstandings can lead to these shootings.

The key takeaway is that even if the homeowner is legally justified in shooting at you for a perceived burglary, you may still avoid charges if you can prove that this was all a misunderstanding. Your defense lawyer can help you explain your situation in more detail, and you might want to remain silent until you have a chance to get your bearings with your lawyer.

What Are the Elements of Burglary in Florida?

The elements of burglary in Florida include unlawful entry with the intent to commit a crime. However, you may still face burglary charges even if you never entered a home or vehicle. Your charges in this scenario will depend on your specific circumstances, including any actions you took that would indicate preparation for a burglary.

Note that even if you escape burglary charges, you could still face trespassing charges. However, the use of deadly force is less excusable in cases of simple trespassing, which means that the person who shot at you might face more serious consequences than you.

Can a Burglary Defense Attorney in Port Charlotte Help Me?

If you were shot during an alleged burglary, an experienced Port Charlotte criminal defense attorney may be able to help. If you can establish that you were not doing anything illegal at the time of the shooting, you may be able to avoid needless criminal penalties in addition to your injuries. In addition, an acquittal or a dismissal may allow you to file a civil claim against those who caused your injuries. Contact The Foley & Wilson Law Firm today for further guidance.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html