In Florida, if you’re threatened with violence, you don’t always have to back down. Under the Stand Your Ground law, you may be legally justified in using force—even deadly force—without retreating first.
But despite what the headlines suggest, Stand Your Ground isn’t automatic, and asserting it the wrong way can backfire. Here’s how it really works in Florida criminal cases—and how it may protect you.
🔹 What Is Florida’s Stand Your Ground Law?
Florida’s Stand Your Ground law (Fla. Stat. § 776.012 and § 776.032) allows a person to use force in self-defense, including deadly force, if:
They reasonably believe it’s necessary to prevent death or great bodily harm, or
To prevent the commission of a forcible felony
Unlike traditional self-defense laws, you don’t have to try to retreat first, as long as:
You’re in a place you have a legal right to be
You’re not engaged in criminal activity
You’re not the initial aggressor
🔹 How Does It Work in Criminal Defense?
If you’re charged with a violent offense (e.g., battery, manslaughter, aggravated assault), your lawyer may file a Stand Your Ground immunity motion.
This is different from trial. At this pretrial hearing, the judge decides:
Was your use of force justified?
Were you legally allowed to stand your ground?
Is the State’s evidence weak or contradictory?
If the motion is granted:
✅ Your case is dismissed
❌ You never go to trial
💥 You’re immune from prosecution and civil liability
📌 Related: Fort Lauderdale Violent Crimes Defense
🔹 What Types of Cases Can Use Stand Your Ground?
Stand Your Ground may apply in cases involving:
Aggravated assault (with or without a firearm)
Battery or felony battery
Armed burglary or home invasion defense
Manslaughter or murder charges where self-defense is raised
📌 Related: Aggravated Assault with a Firearm in Florida
🔹 What If You Were the First to Act?
Stand Your Ground doesn’t apply if:
You provoked the incident
You were committing a crime at the time
You used disproportionate force
🧠 That said, a skilled attorney may still argue for traditional self-defense if Stand Your Ground doesn’t apply.
🔹 How Do Judges Decide Stand Your Ground Hearings?
At the immunity hearing, your lawyer can:
Cross-examine State witnesses
Introduce surveillance footage, 911 calls, or witness statements
Show injuries, threats, or aggressive conduct by the alleged victim
The burden is on you, the defendant, to prove by a preponderance of the evidence that your force was justified.
✅ Why You Need an Attorney for Stand Your Ground Cases
These cases are high-stakes—and prosecutors often challenge the claim aggressively.
At Michael White, P.A., we’ve defended clients across Fort Lauderdale and Broward County using Stand Your Ground motions and traditional self-defense arguments. We know how to build these cases before charges are filed or at critical pretrial stages.
📞 Facing Charges After Using Force in Self-Defense?
📞 Call now for a free consultation. We’ll evaluate whether Stand Your Ground applies—and fight for dismissal if it does.
🙋♂️ What People Ask About Florida’s Stand Your Ground Law
Q1: What is Florida’s Stand Your Ground law?
🛡️ It allows people to use force—including deadly force—without retreating, if they reasonably fear serious harm or a forcible felony.
Q2: Can Stand Your Ground get my case dismissed?
✅ Yes. If your force was justified, your attorney can file a motion for immunity that can end the case before trial.
Q3: Does Stand Your Ground apply if I’m in public?
📍 Yes. The law applies in homes, vehicles, businesses, and public places—so long as you’re legally present and not committing a crime.
Q4: What’s the difference between Stand Your Ground and self-defense?
⚖️ Stand Your Ground eliminates the duty to retreat and gives you a chance for pretrial dismissal—traditional self-defense is argued at trial.
Q5: What happens if the judge denies Stand Your Ground?
🔄 The case proceeds to trial, where you may still raise traditional self-defense as an argument before a jury.