Understanding when you can legally use force to protect your home and property in Florida requires knowledge of the state’s Castle Doctrine. Under Florida law, you have the right to defend yourself and your dwelling from unlawful entry, but this protection comes with specific requirements and limitations. Misunderstanding these boundaries can lead to serious criminal charges, even when you believe you acted in self-defense.
Florida’s Castle Doctrine is codified in Florida Statutes Section 776.013, which creates a legal presumption that you acted reasonably if you used defensive force against someone unlawfully entering your home. At The Wiseman Law Firm, our violent crimes defense team understands both sides of these cases. Attorney Simon Wiseman brings more than 25 years of trial-tested experience, including his background as a former prosecutor who has tried over a hundred jury trials in Orange County.
What Is Florida’s Castle Doctrine?
The Castle Doctrine establishes that your home is your castle, and you have the right to defend it without an obligation to retreat. Under Florida Statutes Section 776.013, the law presumes you had a reasonable fear of imminent death or great bodily harm if someone was in the process of unlawfully and forcefully entering your dwelling, residence, or occupied vehicle. The statute specifically applies to dwellings, which include any building or conveyance of any kind with a roof and designed to be occupied by people lodging there at night.
When Can You Use Deadly Force?
Florida law distinguishes between non-deadly force and deadly force. Under the Castle Doctrine, you are justified in using deadly force if you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another person, or to prevent the imminent commission of a forcible felony. Florida law does allow the use of non-deadly force to protect property under Section 776.031, but deadly force cannot be used solely to protect property. If you shoot someone stealing from your yard without posing a threat to any person, you would likely face criminal defense charges.
Important Limitations and Exceptions
The Castle Doctrine’s protections are not absolute. The presumption of reasonable fear does not apply if the person entering your home has a legal right to be there, including co-owners, lessees, children, or grandchildren. You cannot claim Castle Doctrine protection if you were engaged in criminal activity at the time. The Castle Doctrine does not apply when law enforcement officers are entering your home while performing their official duties.
How Castle Doctrine Differs from Stand Your Ground
The Castle Doctrine specifically applies to your dwelling, residence, or vehicle and creates a presumption of reasonable fear. Stand Your Ground applies anywhere you have a legal right to be and removes the duty to retreat before using force in self-defense. The Castle Doctrine makes your burden easier by creating a legal presumption in your favor when someone is forcefully entering your home.
Practical Scenarios and Applications
If you wake at 2 a.m. to the sound of your front door being kicked in and see a stranger entering your home, you would likely be justified in using deadly force to stop the threat. If your ex-spouse kicks down your door after a contentious divorce, courts will examine whether the person had a reasonable expectation of access to the property. If you discover someone stealing from your detached garage, you generally cannot use deadly force since the person is not entering your dwelling.
What to Do After Using Force in Self-Defense
If you have used force against someone under the Castle Doctrine, remove yourself from danger if the threat has been neutralized and contact law enforcement immediately. While you should cooperate with the police, remember you have the right to consult with an attorney before making detailed statements. Law enforcement will investigate the circumstances thoroughly, examining whether the entry was truly unlawful and forceful.
Protecting Your Rights with The Wiseman Law Firm
When you exercise your right to defend your home, you need an attorney who understands both self-defense law and criminal prosecution tactics. Attorney Simon Wiseman has handled high-profile prosecutions from the other side, including murder trials and cases involving the use of force. This experience allows him to identify weaknesses in the prosecution’s case and craft the strongest possible defense for clients facing charges after defending their property.
Whether you face charges after defending your property or need guidance on Florida’s self-defense laws, The Wiseman Law Firm provides aggressive representation backed by insider knowledge of the criminal justice system. Contact our firm today to discuss your case and learn how we can help you navigate these complex legal matters.