Understanding Florida’s Stand Your Ground Law
Florida’s Stand Your Ground law is one of the most well-known — and often misunderstood — self-defense statutes in the country. At The Bonderud Law Firm, we frequently work with clients who are either asserting self-defense or facing charges where the law may apply. Here’s what you need to know.
What Is the Stand Your Ground Law?
Under Florida law, a person is legally justified in using or threatening to use deadly force if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony — without a duty to retreat, even if safe escape is possible.
In plain terms, this means:
- You do not have to run away before defending yourself
- You may use force, including deadly force, if you are lawfully present and reasonably fear for your life or safety
This principle applies not just in your home, but also in public places — as long as you’re not engaged in criminal activity and are in a location where you have a legal right to be.
How It Differs From the Castle Doctrine
Florida law also includes the “Castle Doctrine,” which applies to the use of force inside your home, vehicle, or dwelling. Under the Castle Doctrine:
- There is a presumption that you were in fear of death or great bodily harm if someone unlawfully enters your home
- You are presumed to have acted reasonably when using deadly force in response
Stand Your Ground expands upon this doctrine by removing the duty to retreat anywhere, not just at home.
How It Applies in Criminal Cases
When Stand Your Ground is raised as a defense in a criminal case, your attorney can file a pretrial motion to dismiss the charges. If the court finds that you were justified under the law, the case can be dismissed before trial.
This defense is powerful — but it’s not automatic. The facts must support your claim, and the law requires careful legal analysis and persuasive advocacy.
Recent Developments and Case Law
Florida courts have refined the application of Stand Your Ground over the years, and legislative changes in 2017 shifted the burden of proof onto the prosecution during pretrial immunity hearings. That means if you assert the defense, the State must prove you were not justified in using force — a significant legal advantage.
A Strong Defense Starts with Skilled Representation
If you or someone you care about is facing charges involving the use of force or self-defense, it’s critical to work with a criminal defense attorney who understands how to properly assert Florida’s Stand Your Ground law.
At The Bonderud Law Firm, we are experienced in litigating self-defense claims and fighting to protect your rights. Contact us today to schedule a consultation and discuss your case.
