In the Jacksonville news and else where there have been several shootings occurring around our state of Florida. These shootings have taken my mind to the question of “when is the justifiable use of deadly force permitted in Jacksonville?” So, as a Criminal Lawyer, I have decided to notate some of the finer points of the use of deadly force. As a precursor, the use of deadly force should only be used when the situation requires, it the situation can be resolved peacefully; explore that option first.
With that being said, Florida Statute § 776.013 articulates the “justifiable use of force.” The statute reads, “a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:”
- The suspect was unlawfully and forcibly entering your home, business, or occupied vehicle OR the suspect was attempting to kidnap a person in said areas AND the one using force knew or had reason to know that said entry or kidnapping was occurring or had occurred.
- This presumption does not apply if it’s a parent or guardian of the person being removed, the person using defensive force is engaged in illegal activity, or it’s a police officer entering the area.
- Florida does not require a person to retreat and can meet force with force.
As previously mentioned, deadly force should only be used if the situation requires. However, if you or a loved one had a situation that resulted in the use of force, contact a Jacksonville Criminal Defense Lawyer to discuss your situation, make the proper analysis and resolutions, and make sure your rights are being protected throughout the legal process.