Stand Your Ground Attorneys in Miami

Defending Your Rights & Fighting for Your Freedom

If another person is attacking you, Florida law gives you the right to use force in self-defense. In addition, in 2005, Florida passed the first Stand Your Ground law in the United States, setting an example that many other states would follow. Before the Stand Your Ground law was passed, individuals in Florida could only defend themselves if they were in their homes (under the Castle Doctrine). Florida legislators expanded this right to allow you to defend yourself away from your home, as well. Stand Your Ground laws can be confusing and, after using force against another person – even in self-defense – you may end up under arrest and facing potential criminal charges. It is important to take immediate action in this situation by contacting an experienced Miami Stand Your Ground attorney as soon as possible.

Your Rights under Stand Your Ground

Under traditional self-defense principles, people had to try to retreat from the threat of harm before they were legally allowed to use force in their own defense. Stand Your Ground removes the duty to retreat and instead allows you to use force to protect yourself right away. The law was put in place to protect your right to be safe from harm in places that you rightfully go. The major exception is that you may not be able to justify using force in self-defense if you were engaged in illegal activity at the time.

Another important factor of Stand Your Ground is that the force must be reasonably necessary to defend against the threatened harm. For example, if someone is threatening to punch you, the law does not give you the right to automatically shoot them. However, if you are in fear of serious harm or death, using deadly force in self-defense can be justified.

Applying Stand Your Ground

The important part about applying Stand Your Ground is that you should do so before charges are ever issued. Properly asserting this defense at a pretrial hearing can give you immunity from prosecution so you do not have to face a criminal case. If you have already been charged, your attorney can still present a Stand Your Ground defense to the court to have the charges against you dropped. However, it is always preferable to clear your name as soon as possible in the process, so you should never delay in contacting a skilled Miami criminal defense attorney if you have been arrested or accused of assault or deadly force.