Chad M. Seibel
Criminal Defense
407.846.8008
Stand Your Ground and Self-Defense
If your use of force was lawful, you may be immune from prosecution, not just able to argue it at trial.
Florida law protects your right to defend yourself and others. In many situations, you have no duty to retreat. If your use of force was lawful, you may also be immune from arrest, prosecution, and civil lawsuits.
These protections matter most when raised early. The first days after an incident can shape the whole case. If you have been arrested or are under investigation, call or text 407-846-8008.
What Florida Law Allows
Chapter 776 of the Florida Statutes allows a person to use or threaten force in several situations:
• Non-deadly force. You may use or threaten non-deadly force if you reasonably believe it is necessary to defend yourself or another person against imminent unlawful force. You have no duty to retreat (§ 776.012(1)).
• Deadly force. You may use or threaten deadly force if you reasonably believe it is necessary to prevent imminent death or great bodily harm, or the imminent commission of a forcible felony (§ 776.012(2)).
• Standing your ground. You have no duty to retreat and may stand your ground if you are not engaged in criminal activity and are in a place where you have a right to be (§ 776.012(2)).
• Your home and vehicle. The law presumes a reasonable fear of death or great bodily harm when someone unlawfully and forcibly enters your dwelling, residence, or occupied vehicle, and you knew or had reason to believe it was happening (§ 776.013(2)).
• Property. You may use or threaten non-deadly force to stop a trespass or other unlawful interference with property. Deadly force is allowed only to prevent the imminent commission of a forcible felony (§ 776.031).
Forcible felonies include robbery, burglary, carjacking, kidnapping, and aggravated battery, among others (§ 776.08).
Immunity From Prosecution
A person who uses or threatens force as the law allows is immune from criminal prosecution and civil action (§ 776.032(1)). Immunity can be decided at a pretrial hearing, before any trial.
• Arrest. Police may investigate, but they may not arrest you unless they find probable cause that your use of force was unlawful (§ 776.032(2)).
• What "prosecution" means. Under this law, criminal prosecution includes arrest, detention, charging, and prosecution (§ 776.032(1)).
• The State's burden. At a pretrial immunity hearing, the defense first raises a prima facie claim of self-defense. The State must then prove by clear and convincing evidence that immunity does not apply (§ 776.032(4)).
• Civil lawsuits. If a court finds you immune, it must award reasonable attorney's fees, court costs, lost income, and expenses in a civil case brought against you (§ 776.032(3)).
When the Protection Does Not Apply
The law does not protect a person who:
• Commits a forcible felony. This includes attempting one or escaping after one (§ 776.041(1)).
• Starts the fight. An initial aggressor generally cannot claim self-defense (§ 776.041(2)). There are two exceptions. One is when the aggressor faces imminent danger of death or great bodily harm and has used every reasonable means of escape. The other is when the aggressor clearly withdraws in good faith and the other person continues or resumes the attack.
• Uses force against a police officer. Immunity does not apply when force is used against an officer performing official duties who identified himself or herself, or whom the person knew or reasonably should have known was an officer (§ 776.032(1)).
The home and vehicle presumption also has exceptions. For example, it generally does not apply against someone who lawfully lives there, or if the person using force was engaged in criminal activity (§ 776.013(3)).
How These Cases Are Defended
Self-defense cases turn on facts. A thorough defense often includes:
• Early investigation. Finding witnesses, video, and 911 recordings before they are lost. Reviewing the scene, distances, and timing.
• Review of statements. Checking what was said to police and whether your rights were respected.
• Immunity hearing preparation. Presenting evidence so the judge sees the full picture.
Chad Seibel is a former prosecutor who now defends people charged with crimes.
Frequently Asked Questions
Do I have to run away before defending myself in Florida?
No. Florida law says there is no duty to retreat when force is used as the law allows. To stand your ground with deadly force, you must not be engaged in criminal activity and must be in a place where you have a right to be.
Do I have to prove I acted in self-defense?
Not at the immunity hearing. The defense must first raise a prima facie claim. After that, the State must prove by clear and convincing evidence that you are not immune.
Can I be arrested after defending myself?
Yes, if police find probable cause that the force was unlawful. An arrest does not end your right to seek immunity at a pretrial hearing.
Does Stand Your Ground apply if I was in my car?
It can. The law includes a presumption of reasonable fear when someone unlawfully and forcibly enters, or tries to remove a person from, an occupied vehicle. Exceptions apply, so the facts matter.
Talk to a Former Prosecutor Today
If you used force to protect yourself or someone else, do not wait. Avoid discussing the incident until you have spoken with a lawyer. Call or text 407-846-8008 to talk with Chad Seibel about your case and your options.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.