Florida’s Stand Your Ground law gives people the right to use force — including deadly force — to protect themselves without a duty to retreat. But just because it’s often cited doesn’t mean it’s always understood.
If you’re facing criminal charges after using force in self-defense, knowing how this law works — and when it doesn’t — can make or break your case.
⚖️ What Is Florida’s Stand Your Ground Law?
Florida Statute § 776.012 allows a person to use or threaten force — even deadly force — if:
- They reasonably believe it’s necessary to prevent death or great bodily harm to themselves or another, or to prevent a forcible felony, and
- They are not engaged in unlawful activity, and
- They are in a place where they have a legal right to be
The key feature: No duty to retreat. If you’re lawfully present, you don’t have to back down — even if you could safely walk away.
🧍 Where Does Stand Your Ground Apply?
This law applies almost anywhere you are legally allowed to be:
- In your home
- In your vehicle
- On a public street or sidewalk
- In a business or store
It goes beyond traditional “castle doctrine” protections and covers more real-world scenarios, including self-defense in public places.
🚨 When It Doesn’t Apply
You can’t use Stand Your Ground if:
- You were the initial aggressor
- You were committing a crime at the time
- Your belief that force was necessary wasn’t objectively reasonable
- The force used was disproportionate
In those cases, the prosecution may argue that Stand Your Ground is off the table and attempt to push the case toward trial.
🛡️ How Is It Used in Criminal Defense?
Under Florida law, a defendant can raise Stand Your Ground before trial in a special immunity hearing. If the judge agrees, the case can be dismissed outright — no jury, no trial.
Even if immunity is denied, the defense can still argue self-defense at trial.
🔍 What the Judge Looks For in a Stand Your Ground Hearing
To win immunity, your defense attorney must present credible evidence showing:
- You reasonably believed force was necessary
- You were legally allowed to be there
- You weren’t committing a crime or provoking the altercation
The judge may consider surveillance video, witness testimony, bodycam footage, and your own statements.
⚖️ Key Differences Between Stand Your Ground and Traditional Self-Defense
| Legal Feature | Stand Your Ground | Traditional Self-Defense |
|---|---|---|
| Duty to Retreat | ❌ No | ✅ Sometimes |
| Pretrial Immunity Hearing | ✅ Yes | ❌ No |
| Applies in Public Places | ✅ Yes | ✅ Yes |
| Applies While Committing Crime | ❌ No | ❌ No |
📍Accused After Defending Yourself? You May Be Immune
If you acted in self-defense in Florida, you may have immunity from prosecution under Stand Your Ground. But these cases move fast — and the law is nuanced.
At Michael White, P.A., we help clients across Fort Lauderdale and South Florida present compelling Stand Your Ground defenses backed by expert testimony, video review, and strategic courtroom experience.
🟢 Call today for a free consultation
🟡 Use your rights before they’re used against you
❓Frequently Asked Questions
Q1: Do I have to retreat before defending myself in Florida?
A: No. Florida’s Stand Your Ground law removes the duty to retreat if you’re in a place you’re legally allowed to be.
Q2: Can Stand Your Ground apply in a bar fight or public altercation?
A: Yes — if you didn’t provoke the incident, weren’t committing a crime, and reasonably believed force was necessary.
Q3: What’s the difference between Stand Your Ground and Castle Doctrine?
A: Castle Doctrine applies in your home or car. Stand Your Ground applies anywhere you’re lawfully present — including public places.
Q4: Can I raise Stand Your Ground in a gun case?
Q5: What happens if the judge denies Stand Your Ground immunity?
A: Your lawyer can still raise self-defense at trial — but you’ll lose the chance for pretrial dismissal.