🛡️ When You're Forced to Defend Yourself — Know Your Rights
Florida law recognizes that sometimes, the only way to protect yourself is to fight back.
But when police arrive after a violent incident, they may not understand who the aggressor really was — and you could end up in handcuffs for acting in self-defense.
Whether it’s a home invasion, a street encounter, or a domestic situation gone sideways, knowing how Florida’s Justifiable Use of Force laws work can be the key to your freedom.
At Michael White, P.A., we help clients assert their right to self-defense under the law — and when the facts support it, we push for immediate dismissal under Florida’s Stand Your Ground statute.
⚖️ What Does Florida Law Say About Self-Defense?
Under Florida Statutes § 776.012, a person may use force — including deadly force — if they:
Reasonably believe it is necessary to prevent death or great bodily harm
Are defending themselves or another against the imminent use of unlawful force
Are in a place they have a legal right to be (home, car, or public location)
✅ There is no duty to retreat under Florida law — even in public — as long as you are not engaged in criminal activity.
🏠 Self-Defense vs. Stand Your Ground: What’s the Difference?
While both are rooted in the same statute, there’s a key procedural distinction:
| Self-Defense (Traditional) | Stand Your Ground |
|---|---|
| Raised at trial | Raised before trial |
| Jury decides if justified | Judge can dismiss the case early |
| Burden is on the prosecution after trial begins | Defense gets pretrial immunity hearing |
➡️ In Florida, Stand Your Ground gives your attorney a pretrial opportunity to end the case before it reaches a jury.
🚫 When Self-Defense Does NOT Apply
There are limits to justifiable use of force in Florida. It generally does not apply if:
You were the initial aggressor
You were committing a forcible felony
You used force after the threat had ended
You escalated a verbal argument into physical violence
💡 That said, there are often disputes over who “started it” — and police don’t always get it right. That’s where your legal defense begins.
🧠 How We Defend Clients Using Florida’s Use of Force Laws
When you’re charged with a crime but claim self-defense, our first priority is to:
Gather immediate evidence: photos, injuries, surveillance, witness statements
File a motion for Stand Your Ground immunity where applicable
Push for a pretrial hearing that can lead to case dismissal
Undermine the credibility of the alleged victim if they were the aggressor
Argue for jury instructions on self-defense if the case proceeds to trial
✅ We’ve helped clients accused of domestic battery, aggravated assault, and even homicide protect themselves using Florida’s use-of-force laws.
📞 Charged After Defending Yourself? Don’t Wait.
If you were arrested after using force in Florida, you need a lawyer who understands the law, the science, and the courtroom strategy behind self-defense.
At Michael White, P.A., we fight to make sure your side of the story is heard — and to make sure the justice system works for you, not against you.
👉 Call now for a free consultation to see if your case qualifies for early dismissal.
🙋♂️ Frequently Asked Questions About Self-Defense in Florida
❓ Is there a duty to retreat in Florida?
No. Florida is a “no duty to retreat” state — you may stand your ground if you’re lawfully present and not engaged in criminal activity.
❓ Can I use deadly force in Florida to defend myself?
Yes, but only if you reasonably believe it’s necessary to prevent death or great bodily harm to yourself or another.
❓ What is a Stand Your Ground hearing?
It’s a pretrial hearing where your lawyer asks the judge to dismiss the case under Florida’s self-defense laws — no jury required.
❓ Can I claim self-defense in a domestic violence case?
Yes. If you were not the primary aggressor and feared imminent harm, self-defense or Stand Your Ground may apply.
❓ What if both people were fighting?
The law still allows self-defense — but your lawyer will need to show that you were not the primary aggressor and had a legitimate fear of harm.
🛡️ Defending yourself isn’t a crime — but being misunderstood by police can cost you everything.
Call Michael White, P.A. today to discuss your rights under Florida’s Justifiable Use of Force laws.