There are a number of defenses to criminal assault charges in Florida, and one of the most famous is often associated with the “stand-your-ground” law. Here’s what you need to know about this law and how it may affect you.
What is the stand-your-ground law?
This is a criminal defense principle that allows an individual to use reasonable force in self-defense instead of retreating. This law revolves around the principle that individuals have a right to defend themselves. This law varies by state, but the bottom line is that individuals have a right to defend themselves if they reasonably believe they are in danger of an attack or harm.
What does this mean for criminal defense?
People have been using the stand-your-ground law in criminal defense cases for years. In Florida, for example, legal professionals have used it in cases involving self-defense, such as someone protecting their home or shop from an intruder.
What about the “duty to retreat?”
This criminal defense principle requires a defendant to retreat as much as possible before using force. In most cases, the stand-your-ground law is often looked at in opposition to the “duty to retreat.” This basically means that if you have an opportunity to avoid harm or death by retreating, then your use of defensive force may not be justifiable. Nonetheless, this criminal defense principle does not apply in all jurisdictions, and many states have adopted the stand-your-ground rule.
Stand-your ground laws may be different depending on where you live and the kind of criminal charges involved. However, if you are charged for a violent crime where you were acting in self-defense, it might be beneficial to your case to rely upon this principle.