Florida’s Stand Your Ground Law | Miami Criminal Defense Attorney
Have you, or someone you know been accused of serious assault in Miami? Were you in a position where self-defense was the only viable means of protecting your life or property? Maybe you’ve been falsely charged as the instigator while simply defending your home or vehicle. Fortunately the laws of Florida were created with such incidents in mind. Knowing your rights may be vital to your case and give you peace of mind even before you visit a criminal defense attorney in Miami. Here’s a brief overview of Florida’s “Stand Your Ground Law.”
As its name implies, the case for your innocence can be made in certain cases by citing this law if your Miami criminal defense attorney can demonstrate that your property has been unlawfully intruded upon. In such cases, owners as well as lessees are within their rights to use deadly force instead of retreating. A criminal lawyer in Florida will however be required to prove unlawful intrusion. The law does not function as a blanket defense in all self defense cases, nor can it be cited as a defense against other lawful owners, lessees or title-holders of the property.
Enacted in 2005, it’s helpful to see the “Stand Your Ground” statute as an extension of the principle that has existed for well over a hundred years in Florida, that victims may protect themselves whenever their life is threatened. Prior to 2005 however, victims were obliged to prove an attempt to escape before resorting to deadly force. Victims are now permitted to inflict great bodily harm beforehand, provided their life was endangered. A criminal law firm in Miami has the ability to defend clients following situations where, for instance, a gun was pointed at the defendant.
However, the “Stand Your Ground” statute goes one step further. It presumes that any unlawful attempts to enter private property imply intent to inflict great bodily harm or death on the client. This applies to felonies where property is damaged as well as refusals to leave the property. Where the law applies to vehicles, these include any form of conveyance.
If you’ve been wrongfully prosecuted, why not defend your case with a criminal lawyer in Miami? The laws of Florida have been written so as to assist a Miami criminal defense attorney in protecting their clients from wrongful incrimination.
We handle a variety of criminal law cases, so call us now if you have any questions, (305) 615-1285.
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