What is the Stand Your Ground Law in Florida?

The Florida Stand Your Ground (SYG) law is a legal principle that grants a person the right to use deadly force to defend themselves in certain situations. The law allows an individual to use force, including lethal force, in self-defense when they believe it is necessary to protect themselves or others from imminent danger or harm.

SYG has been in effect since 2005 and was revised in 2017. The law states that a person is justified in using force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others or to prevent the commission of a forcible felony.

The law removes the duty to retreat, which means that a person is not required to try to escape or avoid a confrontation before using force in self-defense. This is different from the common law principle of self-defense, which requires that a person use only reasonable force to protect themselves and that they try to avoid the use of deadly force if possible.

Under the SYG law, a person is presumed to have acted reasonably and lawfully when using deadly force in self-defense. This means that the burden of proof shifts to the prosecution to prove that the use of deadly force was not justified, rather than the defendant having to prove that it was.

However, the SYG law does not provide blanket immunity from prosecution for individuals who use deadly force in self-defense. The law allows prosecutors to bring charges against individuals who use deadly force if they believe that the use of force was not justified under the circumstances.

SYG does does not apply in certain circumstances. For example:

If the person who uses deadly force was engaged in illegal activity at the time of the incident, such as committing a crime or trespassing.

If the person who uses deadly force was the initial aggressor in the incident, meaning they started the confrontation or used force first.

If the person who uses deadly force was not in fear of their life or serious bodily harm at the time of the incident.

The SYG law has been controversial since its inception. Critics of the law argue that it has led to an increase in violence and vigilantism and that it disproportionately affects minority communities. Supporters of the law argue that it is a necessary protection of individual rights and that it allows law-abiding citizens to defend themselves against criminals.

In 2017, Florida made a significant change to its SYG law. Prior to this change, the burden of proof was on the defendant to prove that they were acting in self-defense when using deadly force. The new law shifted this burden of proof to the prosecutor, meaning that the prosecutor must now prove beyond a reasonable doubt that the defendant was not acting in self-defense.

Under the revised law, the defendant still has to present evidence that they were acting in self-defense, but the burden of proving that they were not acting in self-defense is now on the prosecutor. This change makes it easier for defendants to use the Stand Your Ground defense in court.

If you or your loved one has been charged with a crime, and you believe SYG may apply, give us a call