South Florida Personal Injury Blog

Broward/Palm Beach personal injury attorney Andrew Alitowski would like to dispel myths and rumors about the right to defend oneself in the state of Florida. Florida adheres to the Castle Doctrine, in addition to having a strong Stand-Your-Ground law. The Florida legislation has served as a model for other states moving in the same direction, protecting the right of self-defense of its citizens – a right many believe goes hand-in-hand with the concept of individual gun ownership rights from the Second Amendment. Palm Beach County residents may believe they need a weapon for self-defense. But when can you be sued for defending yourself, your loved ones, and your home?

The Castle Doctrine is a concept from English law that has made its way to the United States, as well. According to the doctrine as applied in Florida, if you are legally in your home or vehicle and another person enters illegally, the courts will presume that you feared for your life (or the infliction of serious bodily harm) based on the circumstances. The presumed fear is important: because of it, you can use lethal force to protect yourself and others in your home. For example, if an intruder breaks through a window in your Fort Lauderdale home with a baseball bat in the middle of the night and charges at you when you run to the room, you can shoot him in order to protect yourself and your family. If the intruder survives his wounds, he cannot sue you for damages. Also, you cannot be convicted for any crime relating to his injuries or subsequent death. The Florida Castle Doctrine does not apply to people who enter your home or car legally, like police officers, and anyone prepared to defend himself should exercise as much caution as is possible with regard to the situation. It also does not apply if you are using your home or vehicle for an illegal purpose.

The Florida Stand-Your-Ground provisions provide even more self-defense protections. The law removes any duty to retreat, even outside your home. If you are lawfully in a place – for example, a restaurant on Clematis in West Palm Beach – and another patron attacks you, you can “meet force with force,” according to the law. You do not have to retreat to a safe location, even if you could do so. You can even use deadly force if you reasonably believe that such force is necessary to prevent your own or another person’s death or serious injury. You can also use lethal force to prevent the person from completing a forcible felony, like rape, aggravated battery, robbery, burglary and other felonies involving “the use or threat of physical force or violence against any individual.” As with cases falling under the Castle Doctrine, a person upon whom you inflicted injury while standing your ground cannot recover civil damages from you.