Dear memejo-ga;
Thank you for allowing me an opportunity to answer your interesting
question. As with all legal related questions we answer it is worth
mentioning that our disclaimer does not permit us to offer legal
advice. What I am sharing with you is published information concerning
the issues you are asking about.
In statutory language, the justified shooting of someone in
self-defense is referred to as ?deadly force? and ?defensive force?.
It is important to note that death is not a prerequisite of deadly
force; only that the amount of force executed is CAPABLE by definition
of causing the death of the person upon whom it is inflicted.
In the state of Florida, as in most states, a person is not required
by law to retreat from a threat in their home, business or private
automobile. Why is this important? Because, in the eyes of the law in
Florida, if danger threatens a person in one of these locations it can
be argued that all other lesser means of defense have effectively been
ruled out and the one may accelerate to the last resort of potentially
deadly force, PROVIDED that all other legal criteria in the statutes
is also met and that no situation is contrary to any statutory
prohibition. What does this mean in English? Well, if a person comes
running at you down the hallway of your home, for example, according
to the statute you can shoot them if you are in fear of your life.
You?re not required to run from someone inside your own home, or hide
from them, or warn them three times to stop or some other preemptive
nonsense. On the other hand, while deadly force can indeed be used in
some circumstances where a person is acting illegally, YOU have an
obligation to be ?right?. With that in mind, deadly force should NEVER
be considered a legal option that should be taken lightly.
Florida?s laws concerning deadly force is fairly straightforward,
depending upon the circumstances. There are laws for private citizens,
for example and laws pertaining specifically to law enforcement and
corrections personnel. For the purposes of your question I assume you
mean private citizen, however I will include links to all the laws in
case you are interested. Here are the justified circumstances as they
apply to private citizens:
?782.02 Justifiable use of deadly force.--The use of deadly force is
justifiable when a person is resisting any attempt to murder such
person or to commit any felony upon him or her or upon or in any
dwelling house in which such person shall be.?
http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=deadly+force&URL=CH0782/Sec02.HTM
?776.013 Home protection; use of deadly force; presumption of fear of
death or great bodily harm.--
(1) 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:
(a) The person against whom the defensive force was used was in the
process of unlawfully and forcefully entering, or had unlawfully and
forcibly entered, a dwelling, residence, or occupied vehicle, or if
that person had removed or was attempting to remove another against
that person's will from the dwelling, residence, or occupied vehicle;
and
(b) The person who uses defensive force knew or had reason to believe
that an unlawful and forcible entry or unlawful and forcible act was
occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right
to be in or is a lawful resident of the dwelling, residence, or
vehicle, such as an owner, lessee, or titleholder, and there is not an
injunction for protection from domestic violence or a written pretrial
supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or
grandchild, or is otherwise in the lawful custody or under the lawful
guardianship of, the person against whom the defensive force is used;
or
(c) The person who uses defensive force is engaged in an unlawful
activity or is using the dwelling, residence, or occupied vehicle to
further an unlawful activity; or
(d) The person against whom the defensive force is used is a law
enforcement officer, as defined in s. 943.10(14), who enters or
attempts to enter a dwelling, residence, or vehicle in the performance
of his or her official duties and the officer identified himself or
herself in accordance with any applicable law or the person using
force knew or reasonably should have known that the person entering or
attempting to enter was a law enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is
attacked in any other place where he or she has a right to be has no
duty to retreat and has the right to stand his or her ground and meet
force with force, including deadly force if he or she reasonably
believes it is necessary to do so to prevent death or great bodily
harm to himself or herself or another or to prevent the commission of
a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter
a person's dwelling, residence, or occupied vehicle is presumed to be
doing so with the intent to commit an unlawful act involving force or
violence.
(5) As used in this section, the term:
(a) "Dwelling" means a building or conveyance of any kind, including
any attached porch, whether the building or conveyance is temporary or
permanent, mobile or immobile, which has a roof over it, including a
tent, and is designed to be occupied by people lodging therein at
night.
(b) "Residence" means a dwelling in which a person resides either
temporarily or permanently or is visiting as an invited guest.
(c) "Vehicle" means a conveyance of any kind, whether or not
motorized, which is designed to transport people or property.?
http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=deadly+force&URL=CH0776/Sec013.HTM
Here are some legal circumstances that apply to other situations:
FLORIDIA STATE STATUTES
http://www.flsenate.gov/statutes/index.cfm?StatuteYear=2005&AppMode=Display_Results&Mode=Search%2520Statutes&Submenu=2&Tab=statutes&Search_String=deadly+force
I believe you will benefit greatly from reading this article published
by the State of Florida Department of Agriculture and Consumer
Services. Other people, like yourself, commonly ask these types of
questions so the state has prepared a convenient FAQ Q&A on the
matter. Here is a brief excerpt of the type of questions asked:
?Q. When can I use my handgun to protect myself?
A. Florida law justifies use of deadly force when you are:
Trying to protect yourself or another person from death or serious bodily harm;
Trying to prevent a forcible felony, such as rape, robbery, burglary
or kidnapping.
Using or displaying a handgun in any other circumstances could result
in your conviction for crimes such as improper exhibition of a
firearm, manslaughter, or worse.
Example of the kind of attack that will not justify defending yourself
with deadly force: Two neighbors got into a fight, and one of them
tried to hit the other by swinging a garden hose. The neighbor who was
being attacked with the hose shot the other in the chest. The court
upheld his conviction for aggravated battery with a firearm, because
an attack with a garden hose is not the kind of violent assault that
justifies responding with deadly force.?
FLORIDA DIVISION OF LICENSING
http://licgweb.doacs.state.fl.us/weapons/self_defense.html
Can a private citizen legally carry a concealed weapon in public in
Florida without a permit? No.
"Jack Hagler Self Defense Act."
Title XLVI CRIMES
Chapter 790
WEAPONS AND FIREARMS
790.06 License to carry concealed weapon or firearm.--
http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=823.05&URL=CH0790/Sec06.HTM
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
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