In Florida, defending yourself or someone else is a serious matter. If you find yourself in a situation where you must use force, it's important to understand the legal protections available. The 2024 Florida Statutes, specifically Chapter 776, outline the justifiable use of force.
Under Section 776.012, you're justified in using or threatening to use force if you believe it is necessary to protect yourself or others from the imminent use of unlawful force. This includes the right to stand your ground.
But what does this mean for you? If you're facing charges related to defending yourself, you may need the help of an experienced criminal defense lawyer who understands Florida's laws. The attorneys at Aguilar & Sieron, P.A. know how to defend Floridians who find themselves in situations where they’ve had to use force. Our experienced team is here to help you every step of the way.
When is the use of force justified?
The law permits the use of force in specific circumstances. Non-deadly force is justified when you believe it's needed to defend against unlawful force. This applies in situations where the threat is not life-threatening, but you still need to protect yourself from harm.
The law allows deadly force if you believe you're in danger of imminent death, great bodily harm, or a forcible felony. In these situations, your actions must match the level of the threat. For example, if someone threatens your life with a weapon, you may be justified in using deadly force to protect yourself.
The law also covers situations where deadly force is used to prevent a forcible felony, such as a home invasion or armed robbery.
However, self-defense in Florida has limits. You can’t claim it if you're engaged in illegal activity or if you’re in a place where you don’t have a right to be. Also, the force used must be reasonable. If the threat doesn’t justify deadly force, using it could lead to criminal charges.
Does Florida require a duty to retreat?
Florida doesn't require a duty to retreat. Instead, it has a "Stand Your Ground" law, which removes the duty to retreat in places where you have a legal right to be. This means you don’t have to flee if you're lawfully present and face an imminent threat. You can defend yourself without retreating.
What legal defenses could I have if I'm charged after defending myself?
If you're facing charges after defending yourself, several legal defenses might apply. Florida's Stand Your Ground law could protect you if you used force because you believed you were at risk of imminent harm or a forcible felony.
Another possible defense could involve proving that law enforcement mishandled your case. Did the police violate your rights during the arrest or investigation? If so, we may be able to get key evidence thrown out, which could significantly weaken the prosecution’s case against you.
Facing charges? Let Aguilar & Sieron fight for your freedom.
If you're facing criminal charges after defending yourself or others, it’s important to have a skilled Florida criminal defense attorney on your side. Aguilar & Sieron has the experience to protect your rights and help you achieve the best possible outcome. Whether we’re working to get your charges dismissed or fighting for reduced penalties, we’re here to make sure your voice is heard.
Don’t let a criminal charge affect your freedom and future. Contact us for an initial legal consultation. We can review your case, answer your questions, and discuss your legal options. You deserve a defense you can trust, and we’re ready to provide it. We serve clients throughout Clay County and Florida.
“Several years ago, I was in need of the best legal representation. My wife called the Florida Bar and scheduled a meeting with the bar president. She wanted to know who is the best lawyer we could find to represent us. The president told us that Mark Sieron is the best there is! After we contacted Mark, we quickly realized that the bar president was more than right!! Mark was incredibly compassionate towards me, my circumstance, and my entire family. He fought for me from the bottom of his heart. He didn't just represent me; He fought for me with incredible wisdom, skill, and care! He exceeded our expectations and saved my life. I can't thank Mark enough for all he did to represent me and my case. I’m home today, thanks to Mark! If you need the BEST to represent you in a bad situation, Mark is your guy!” –A.J.