When Can You 'Stand Your Ground'?
This is a transcript of a podcast posted September 10, 2006.
 Hello. In this episode we’ll discuss several questions regarding criminal law; thanks to listeners who have posed some of the questions. We’ll talk again with criminal law expert Paul Bergman, the co-author of The Criminal Law Handbook: Know Your Rights, Survive the System, from Nolo.
We’ll start with a question about "stand your ground" laws. Every state has always had some form of "stand your ground" law. These laws are based on what’s known as the “castle doctrine,” that is, “a man’s home is his castle,” and that if an intruder broke into a home, the resident of that home could use deadly force against the intruder, provided the citizen had a reasonable suspicion that the intruder would inflict serious physical injury. As a general principle, in most states, outside the home you could only use deadly force if you were threatened with physical injury and were unable to retreat from the criminal. This was known as the “duty to retreat.”
In October 2005, Florida enacted new a type of "stand your ground" law. Now, Florida residents can use deadly force in their homes even if they don’t fear physical injury. They can fire on anyone who unlawfully, forcibly enters their home. And the definition of "home" now includes vehicles, so a Florida resident can use deadly force against anyone who forcibly, unlawfully intrudes in their car or on their boat.
The Florida law also extended "stand your ground" rights beyond the home and car. A Florida resident outside their home can now use deadly force if they have a reasonable fear that someone is about to use deadly force against them. In other words, in Florida, outside your home, there is no longer a duty to retreat when faced with deadly harm.
When we say that a resident can use this law, we mean that the resident can invoke it as a defense from prosecution. And if law officers disagree, the person can be charged with a crime and will have to prove their "stand your ground" defense in court. For example, the owner of a Florida towing company invoked the lawto justify shooting a man whose car was impounded. Police disagreed and charged him with murder. At trial, the owner will have to prove that he feared being hit by the driver, who drove off without paying the impoundment fee.
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