{"id":372621,"date":"2017-12-14T16:58:15","date_gmt":"2017-12-14T21:58:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-self-defense-laws.html"},"modified":"2025-03-13T09:48:05","modified_gmt":"2025-03-13T14:48:05","slug":"florida-self-defense-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-self-defense-laws.html","title":{"rendered":"Florida Self-Defense Laws"},"content":{"rendered":"\n
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Florida Self-Defense Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In 2005, Florida passed the first stand-your-ground law<\/a> in the nation. This law allows the use of force, up to and including the use of deadly force, if a person believes they are facing death or great bodily harm. Today, most states have similar laws.<\/p>\r\n

Florida\u2019s stand-your-ground law clarified that you have no duty to retreat<\/a> from an attacker in any place you are lawfully present. Eleven states, including New York, Massachusetts, and Hawaii, require you to retreat if you can do so safely before using force against an aggressor.<\/p>\r\n

Florida\u2019s Self-Defense and Stand-Your-Ground Laws<\/b><\/h2>\r\n

In Florida, self-defense is a presumptive defense. This means courts assume that a defendant who makes a claim of self-defense or stand-your-ground was in imminent danger and reasonably feared for their life. The defendant need only present prima facie<\/a> evidence of their case. The burden of proof then shifts to the prosecution to disprove the need for self-defense (Fla. Stat. 766.032(4)<\/a>). The prosecution must show by \u201cclear and convincing evidence\u201d that there was no imminent threat and the defendant was the attacker or aggressor in the confrontation.<\/p>\r\n

In most states, self-defense is an affirmative defense<\/a>. The defendant must show that a reasonable person would have done the same in similar circumstances. The difference is that in Florida, people are immune from prosecution once they have shown they acted in self-defense.<\/p>\r\n

Castle Doctrine<\/b><\/h3>\r\n

All states have some form of castle doctrine (Fla. Stat. 776.013<\/a>). This law states that residents may defend themselves and others inside their own dwelling. There is no duty to retreat when inside your own home.<\/p>\r\n

When using force to defend your property, you must use force proportional to that used against you.<\/p>\r\n