By:
Rick HutchinsonSeptember 24, 2016
Can I Shoot An Intruder In Florida?
- Criminal Defense
- According to our theft lawyers, the simple answer is yes. Chapter 776 of the Florida statutes called ‘Justifiable Use of Force’ tells you what you can and cannot do when defending yourself and your property. Self-defense can be used as a general defense to various crimes, including murder, aggravated battery, aggravated assault, improper exhibition of a weapon, manslaughter and a host of other felonies where you are defending either yourself and your family or your home. This self-defense can be through the use of deadly force or non-deadly force.
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About Shooting an Intruder
Florida Statute 776.013 says that you may defend your home or occupied vehicle from anyone trying to unlawfully gain access or entry to it by use of deadly force. Should this kind of incidence occur, you do not need to retreat or fire a warning shot to scare the intruder. The law permits an absolute assumption that whoever was attempting the unlawful entry into your private property was doing so with the full intention of committing a violent act towards you or your family.
You, as the defendant, are assumed to be acting in reasonable fear or great bodily harm or death to yourself and/or to your family. Should you find yourself in such a situation, the police and prosecution cannot try to show that your fear was unreasonable or attempt to justify the illegal entry and intentions of the intruder.
Florida is infamously known across the world for being a “stand your ground” state, but are you allowed to shoot an intruder in your home? We explore…
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