Protecting Your Home in Self-Defense in Jacksonville, Florida
Florida self-defense is a defense to many Jacksonville crimes. In Florida, you have the right to defend yourself, your home, your family, and other people. In Jacksonville, a person may protect his Jacksonville residence and has no duty to retreat before using deadly force. Florida’s Castle Doctrine is a self defense law that is set forth in Florida Statute 776.013. Under this Florida self-defense and home protection law, a person is presumed to be in fear of death or great bodily harm when an intruder enters his Florida dwelling, residence, or occupied vehicle if:
- the intruder unlawfully and forcefully entered, or was attempting to enter, a occupied vehicle, residence, or dwelling, or the intruder was trying to unlawfully remove a person from the vehicle, residence, or dwelling, and
- the person acting in self-defense believed that the unlawful act was occurring.
Although Florida’s castle doctrine is permits defending you Jacksonville house from intruders, it does not apply in the following situations:
- The person against whom the force is used has the right to be in the dwelling, residence, or vehicle and there is not a restraining order or no contact order against that person.
- The person that is being removed is a child, grandchild, or in the lawful custody of the person against whom the forced is used.
- The person inflicting the deadly force is committing a crime.
- The person against whom the force is used is a law enforcement officer engaged in his official duties.
Under the Florida Castle Doctrine, if you are presumed to be in fear of death or great bodily harm, you can use deadly force to protect yourself. In most Florida self-defense cases, deadly force occurs by use of a weapon. You may defend yourself under Florida’s Castle Doctrine with a gun, knife, firearm, or any other weapon.
Florida self-defense is a complete defense to the crime in Duval, Clay, Nassau, and St. Johns County, Florida. If a jury finds that a Jacksonville criminal defendant acted in self-defense, than he is not guilty of the crime charged. If you acted in self-defense in Jacksonville, speak to a Florida Self-Defense Lawyer. A Jacksonville Self-Defense Attorney will investigate your case and work hard to prove that you acted in self-defense.