Florida’s Stand Your Ground Law: The Who, What, When, Where, Why, and How.

I am Patrick McGeehan, and I am a family law and criminal defense lawyer in Miami, Florida, I am your best friend at your worst times!

In my videos, Facebook posts, Instagram posts, and email newsletter, I explain family law terms, procedures, criminal law procedures, sanctions, and a lot more in a simple to understand way. This, by no means, is a substitute for competent legal counsel. You should always have an attorney represent your best interests.

Over the last couple of months, I have gotten a lot of questions about Florida Stand Your Ground Law and self-defense. A lot of people are confused about the two and believe they are one and the same.

The Florida Stand Your Ground law is a very good law to have in place if you are involved in a self-defense situation.

Before the enactment of Florida Stand Your Ground Law, you had a duty to escape any threat that occurred outside your home. You could only defend yourself with deadly force when absolutely necessary. That means, if someone came up to you in a grocery store and began threatening you with violence, you had to walk, or run, away. That is no longer the case.

As long are you are where you are allowed to be, doing something you are allowed to do, you may stand your ground if confronted with a threat. You may use deadly force if you reasonably believe it is necessary to prevent imminent death or great bodily harm or to prevent a forcible felony.

A forcible felony is “murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.”

You can never use deadly force to defend against a property crime!

So how does the Florida Stand Your Ground Law work in real life? When someone presents such a threat to you that you reasonably believe you will be killed, you can use deadly force to defend yourself. If you shoot and kill the perpetrator, a homicide investigation will commence. You will, through your lawyer, assert your stand your ground. While the on-scene investigation is going on, if the police believe your stand your ground claim, it is likely they will not arrest you.

Florida Stand Your Ground Law v. Self Defense.

What happens if you are arrested?

If you do get arrested, your lawyer will assert your stand your ground claim by filing what is called a Stand Your Ground Motion. The motion will be heard by a judge, and the judge will determine if you are covered under the Florida Stand Your Ground Law. Should a judge grant your Stand Your Ground Motion, you will be absolved of all criminal and civil liability.

There will be a hearing on your Stand Your Ground Motion, if a judge determines that stand your ground does not apply in your situation, then you have to assert the defense of self-defense. Your case will proceed toward trial where a jury will decide the applicability of your self-defense claim.

You need an attorney immediately!

It is essential to have the representation of an attorney at every step of the way. The consequences are just too severe, and the risks too high. Also, it is important that your Florida Stand Your Ground Lawyer respond to the scene of any self-defense situation you are involved in. On the scene, Your Florida Stand Your Ground Lawyer will be able to deal with the police on the scene and the State Attorney later in the case.

If you call me to be your Florida Stand Your Ground Lawyer, you will be in great hands. As a Miami-Dade homicide detective, I know how these investigations are conducted, how the detective thinks and process information, and how the system works. When you have investigated actual death cases and made arrests you gain unparalleled experience into how a part of the process that is not known to most outside the police profession.

Do not risk your freedom, your rights, or your liberties, call a Florida Stand Your Ground Lawyer immediately if you are involved in a self-defense situation.

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No part of this video is to be considered legal advice. This video is for educational purposes only. No attorney/client relationship is formed from watching this video.

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