Can You Be Found Liable for Using Deadly Force on Your Own Property?

Not everyone has gone to law school, and at times it can be rather difficult to interpret laws the way that they are meant to be interpreted.
Laws are not always as clearly written as one would think, and that is why it is so important for qualified attorneys to have such a strong knowledge of the law.
The use of deadly force in any situation is extremely complex.
One rule of thumb to remember is that you are never justified in using deadly force to defend your property.
A life is considered to be more valuable than property by the law, so the law supports the protection of life.
The fact that the law will not allow you to use deadly force in order to protect your property does not mean that you cannot use it in order to protect yourself.
The Florida Law known as the "Stand Your Ground" law allows a person to use deadly force in order to protect themselves.
FL Stat.
776.
012.
One exists when a person not only intrudes onto the property of another, but also presents a risk of death or "great bodily harm" to the owner or other occupants of the property.
Another exception exists in situations where the intruder is committing a forcible felony.
Fla.
Stat.
776.
013 clarifies the first of these exceptions by explaining that the law presumes a person to be in imminent fear of death or great bodily harm when an intruder unlawfully and forcefully enters an occupied residence or automobile.
Section 776.
013, is sometimes called Florida's "no retreat" law, and says that, when an intruder poses an imminent harm, the property owner has no duty to retreat from the intruder.
Instead, they may use deadly force if the owner reasonably believes deadly force is necessary to prevent death or great bodily harm.
The law acknowledges four circumstances where the "stand your ground" right of Section 776.
013 does not apply.
These occur when: 1) the intruder was also a habitant of that residence (except in cases where an applicable restraining order exists), 2) the intruder entered the residence to remove someone over whom the intruder had legal custody, 3) the owner was engaging in an illegal activity inside the dwelling, or 4) the intruder was a law enforcement officer who had properly identified him/herself.
Most courts will understand the argument that an uninvited guest forcibly entered your property and you honestly felt that you and the other inhabitants were at risk of serious bodily harm or death.
However, you cannot use this excuse in order to use deadly force against a police officer that is entering your property after they have announced that they would be entering.
Another important point is that deadly force can only be used to defend oneself and their property if they are currently occupying the space.
You are not permitted to rig any "traps" and then argue that you were required to use deadly force in order to protect yourself and the inhabitants.
If you've been accused of a crime, or sued, in the course of defending yourself inside your home or vehicle, you should contact a Florida attorney about your case.
Florida's "stand your ground" rules are relatively broad and may create a valid defense for you.