If you are the victim of a robber, can you legally fight back by attacking the robber? In most states, you can defend yourself and use deadly force, such as a firearm, if a person enters your house with the intent to commit a burglary, robbery, sexual attack, or assault. Florida law, however, presumes that a person entering your home without your knowledge or consent is doing so to commit a forcible felony, which is considered a violent crime.
Self-defense laws often include the concept of an affirmative defense, where the defendant admits to the conduct but argues it was legally justified under self-defense.
The same policy applies to occupied motor vehicles. The concept of self-defense in other contexts, however, usually requires the victim to first retreat and warn the assailant of the intent to shoot. In Florida, however, you need not retreat first or warn should your home or occupied vehicle be entered under the above circumstances.
Florida law extends the doctrine of “your home is your castle” to outside the home as well as illustrated in the well-publicized “stand your ground” law. The castle doctrine allows individuals to use reasonable force, including deadly force, to protect themselves against an intruder in their home. The focus of this law was highlighted by the Zimmerman-Trayvon Martin case. In that situation, George Zimmerman, an armed crime watch volunteer, suspected that Martin, an unarmed Black teenager, was intruding in a Florida community and confronted him. What occurred next is in dispute, but Zimmerman claimed he was attacked and shot Martin in self-defense.
In many other states, Zimmerman would have had the duty to attempt to retreat safely if threatened and not to use deadly force unless he reasonably felt his life was in danger. Under Florida law, Zimmerman argued that he was threatened and could use whatever force was necessary. This is an example of how one might claim self-defense under stand-your-ground laws.
If you are being robbed, then the perpetrator, by the definition of the offense, is using a firearm or deadly weapon to force you into giving something up. Consequently, you could likely use whatever force is at your disposal to attack the robber. The use of deadly physical force can be justified under the castle doctrine if you are defending your home from an intruder. If, however, you see someone being robbed, it is probably unlawful for you to attack the robber since you are not being threatened unless the victim is a family member. The threat of great bodily harm to a loved one can justify the use of deadly force in defense of others.
In any context, it is probably best to avoid confrontation with anyone who is armed. Legal defenses such as self-defense, the castle doctrine, and stand-your-ground laws provide protection for individuals charged with use-of-force crimes. For more information on self-defense law in Florida, contact The Wiseman Law Firm.
Stand your ground laws permit the use of lethal force to prevent the imminent commission of a forcible felony. The justification for using deadly force often hinges on demonstrating a reasonable fear of harm from the other person.
The castle doctrine, stemming from old English Common Law, is related to self-defense but eliminates the requirement to retreat and has specific presumptions and permissions related to the use of deadly force. Self-defense laws vary across different jurisdictions, affecting how and when you can legally defend yourself.
The level of force used in self-defense situations must be proportionate to the threat faced, emphasizing the idea of such force being necessary and reasonable. Contact an experienced criminal defense attorney at the Wiseman Law Firm if you are facing charges.
