Can You ‘Stand Your Ground’ During A Domestic Dispute?
Florida’s ‘stand your ground’ law has had a somewhat controversial past, being used to justify killings some saw as unlawful, or even used as a metaphorical stick with which to beat defendants. However, if you have been a victim of domestic violence, knowing the intricacies of the ‘stand your ground’ law can help you defend yourself if you find yourself in that position again.
A “Reasonable” Use Of Proportional Force
The law in question states that if you are in a place where you have a lawful right to be, you have the right to use a proportional degree of force, without having to retreat first, if you “reasonably believe” that you are about to be the victim of another person’s use of force. In other words, if someone is in your home, and you reasonably believe they are about to harm you, you can legally use that degree of force to defend yourself.
The key terms in this definition are “reasonable belief” and ‘proportional’ force. A person cannot simply shoot to kill unless they have a reasonable, good-faith belief that they are about to become a homicide victim if they do not act first. In addition, as one might imagine, defining what degree of belief is ‘reasonable’ is highly subjective, which means that most cases of this nature will depend on context and evidence.
Presumption Is Against You
It is not impossible to argue that you had the right to stand your ground during a domestic dispute, just as one might during a case of unlawful entry. However, there are two potential issues with using Florida’s ‘stand your ground’ law as a defense. The first is a problem of presumption – in Florida, courts will usually presume that if there are problems between spouses, ex-spouses, or others in that category, one spouse will seek a domestic violence injunction (DVI) before it comes to violence.
The second is the simple fact that very often, a spouse or partner will have the right to be in the location where a domestic dispute takes place – and ‘stand your ground’ only applies in cases where an aggressor has no right to be in the same location as the alleged victim. If you use force on a person who has the right to be in your home or other location where they are allowed to be, you will likely face criminal charges for assault, rather than being able to argue self-defense.
Call A West Palm Beach Domestic Violence Attorney
Standing your ground is a privilege one can exercise if the situation requires it – but one must be extremely sure that the situation calls for that degree of force. If you have questions about standing your ground, a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. may be able to help get them answered. Call our office today at (561) 721-0552 to speak to an attorney.
Source:
cbsnews.com/news/marissa-alexander-florida-woman-jailed-for-firing-a-warning-shot-now-free/
