Miami Stand Your Ground Attorneys
Many states, Florida included, have “stand your ground” laws in place. This type of law grants individuals the right to use firearms and other types of force to defend themselves, others, and personal property against attackers. This type of law can be controversial because it grants individuals the right to use force in a way that would be unlawful under other circumstances. Stand your ground laws are sometimes known as “no duty to retreat” laws, referring to the individual’s right to remain in any place he or she is legally permitted to be. In some cases, it can be difficult to tell whether an individual’s use of force was legally justified or not. If not, the individual can face a battery charge. If you have been accused to using a firearm or another type of force unlawfully, defend your case with one of our team’s experienced Miami stand your ground attorneys.
When you Can Stand your Ground
You have the right to defend yourself against any other party that you reasonably perceive to be imposing a threat of imminent bodily harm or death to you or another individual.
A few examples of situations where an individual’s use of force is permitted under Florida’s stand your ground law include:
- If an intruder entered your home with the intention of committing an unlawful act while inside;
- If a previously invited individual refuses to leave your home or other private property after you have asked him or her to do so and you fear that by remaining, he or she poses a threat to your safety; and
- If an intruder attempts to enter your vehicle, either while you are in the vehicle or outside it, and you feel that this puts your safety at
If you are engaged in an illegal activity when you feel your safety is threatened, you do not have the right to use force to defend yourself. You also may not “stand your ground” against a party you provoked into attacking or threatening you unless you can demonstrate that you exercised all other reasonable means of removing yourself from the dangerous situation before you used force against the other party.
Using your Right to Stand your Ground as a Defense
You have the right to protect yourself from any individual who you reasonably believe can harm you. You might have to prove that you reasonably held this belief, though, through evidence showing that the intruder was not invited to your home or vehicle or that he or she threatened you in some way. Your lawyer can help you obtain this evidence and use it to support your courtroom strategy.
Contact our Experienced Miami Stand Your Ground Attorneys
If you are facing a criminal charge despite lawfully using your firearm, you still need to defend your case in court. Your legal defense will be much more effective if you work with an experienced Miami stand your ground attorney to develop and use it. Contact our team at Ratzan & Faccidomo, LLC today to set up your initial consultation with a member of our firm. We can counsel you about your legal options and help you determine and develop an effective defense strategy for your case.