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Self-defense laws differ depending on what state youre in.

Floridas self-defense laws include what lawmakers refer to as a Stand Your Ground law.

Many clients want to know, What is the Stand Your Ground law in Florida?

Weve prepared a short guide to explain the Stand Your Ground law in Florida and how it applies in criminal cases.

If you are charged with a crime in Florida, you need to contact an attorney right away to defend your rights. Contact Orlando Defense today to discuss your case.

In 2005, the legislature made changes to Floridas self-defense laws.

The newly adopted Stand Your Ground law allows individuals to use deadly force if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to themself or another.

Additionally, the law authorizes deadly force to prevent the imminent commission of a forcible felony. Unlike some other states, Florida does not require individuals to retreat to a place of safety instead of using deadly force.

Proper application of Floridas Stand Your Ground law introduces requires proof that:

If a defendant has been charged with a violent crime and can prove that either of those factors apply to their case, then they are immune from prosecution for that offense.

Unlike Florida, some states use what is known as the castle doctrine to determine whether deadly force was justified.

Under the castle doctrine, individuals have a duty to retreat instead of using deadly force in a public space. The duty to retreat does not apply if the individual is in their home or workplace. No such duty applies in Florida.

The Stand Your Ground law doesnt apply in certain situations. According to the statute, it doesnt apply if the individual attempting to defend themselves is committing a crime.

For example, an armed robber cannot shoot someone during the robbery and then claim they were defending themselves.

Additionally, Floridas stand your ground law doesnt apply when deadly force is used against a law enforcement officer acting in the performance of their official duties.

Furthermore, you cannot use the stand your ground law to justify the use of deadly force if you intentionally provoked the other party.

And if the other party attempted to withdraw from the confrontation, use of force under the Stand Your Ground law is not justified.

Criminal defendants can only claim self-defense under the Stand Your Ground law if force was used in a place the defendant was legally allowed to be.

If youre facing criminal charges, a valid legal defense under the stand your ground law could apply to your case.

A criminal defense attorney gives you the best chance of having your charges reduced or dismissed entirely.

As a former public defender, Attorney Jeffery Higgins possesses extensive experience representing defendants facing criminal charges.

If you dont know whether the Stand Your Ground law applies to your case, were here to help. Call or email our office today for your free consultation.

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Self-defense: How Floridas Stand Your Ground Law Works

Where do stand-your-ground laws apply? When do you have a duty to retreat? Is the Castle Doctrine in effect everywhere in the United States? Were going to answer all of those questions and cover the important differences between stand-your ground laws and duty to retreat laws. Well also lay out the states that give you the most freedom to defend yourself and others, and the states that force you to take a more restricted approach to self-defense.

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For most gun owners, responsibility and firearm safety are paramount. What happens, though, in the rare instances where a responsible, law-abiding gun owner actually does need to use their firearm in self-defense? Very broadly speaking, some states have stand-your-ground laws that allow you to defend yourself from an imminent and deadly attack, but others impose a duty to retreat, requiring citizens to keep their handguns holstered.

Though the map above may seem pretty black and white (or rather, red and blue), its not as straightforward as it seems. Its important to understand that different states implement their stand-your-ground laws differently, and the Castle Doctrine (i.e. the right to defend yourself in your own home) applies to varying degrees depending on where you are. Well start with the red: states that allow you to stand your ground.

ArkansasWhile Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. The bill is currently moving through the House, where, despite a Republican majority, the vote is expected to be very close.

OhioOn Monday, January 4th, 2021, Ohio Governor Mike DeWine signed a Stand-your-ground bill into law. Previously, Ohioans faced a duty to retreat when encountered with a life-threatening situation in churches, businesses and other public spaces. That is no longer the case. While Ohio Democrats have been challenging the bill since its signing, the law is unlikely to change.

Stand-your-ground laws are pretty simple: you have the right to use deadly force when you believe its reasonable to do so to defend against deadly force, great bodily harm, rape or kidnapping. In stand-your-ground states, you are not limited to defending yourself on or in your own property; you may use deadly self-defense measures in public places as long as you have a legal right to be in the area in which you are defending yourself. There are a few caveats: you cannot have evoked the impending aggression out of your attacker, and you cannot have been participating in any illegal activity.

Stand-your-ground states afford legal protection in one of two different ways. A state might lay out stand-your-ground legislation by statute, or there may be judicial precedent from past court decisions on the matter.

By StatuteAny state that has stand-your-ground laws by statute means that the laws themselves were passed by that states legislative body. In other words, the lawmakers of that state actually took the time to write, pass and ratify laws allowing its civilians to stand their ground. States whose legislatures have passed stand-your-ground laws include: Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming.

By Judicial PrecedentWhile some states havent explicitly passed stand-your-ground laws in their legislature, their courts have decided, through the process of trying cases, that the right to stand ones ground does apply. The precedent set by past court decisions typically and heavily influences future court decisions, so while certain states dont actually have stand-your-ground laws on the books, they implicitly have them by way of their courts. These states include: California, Colorado, Illinois, New Mexico, Oregon, Vermont, Virginia and Washington.

Many states would rather its citizens avoid armed conflict, if possible. Duty to retreat states maintain that it is a persons responsibility to retreat from a conflict when they are attacked, or defending another person who was attacked. In these states, you may not use deadly force if it is possible to retreat instead.

The use of the words if it is possible makes these laws highly subjective and inconsistently enforced in practice. Luckily, people living in these states still have the Castle Doctrine on their side, and it serves as the exception to the rule to retreat.

The Castle Doctrine is, essentially, a set of stand-your-ground principles that applies to your home. It comes from the old English idea that a mans home is his castle even the king could not enter an Englishmans home without the homeowners permission. There are certain provisions that apply to the Castle Doctrine, but responsible gun owners should have no problem distinguishing them:

Among duty to retreat states, there exists a spectrum of responsibilities. Some enforce the Castle Doctrine only within ones home, while others allow its use in a few additional locations, such as your vehicle or workplace.

Duty to Retreat Except in Ones HomeArkansas, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York and Rhode Island place the biggest burden on their residents to retreat from a violent encounter. In these states, the only location in which you are allowed to defend yourself without first attempting to retreat is within your own home.

Duty to Retreat Except in Ones Home or WorkplaceConnecticut, Delaware, Nebraska and North Dakota allow a bit more freedom for its residents to defend themselves. They still have the duty to retreat in public places and in their vehicle, but if they are in their home or workplace, the Castle Doctrine applies.

Duty to Retreat Except in Ones Home, Vehicle or WorkplaceWisconsin imposes the smallest onus on its citizens to retreat of any state that doesn't have stand-your-ground laws. The Castle Doctrine applies in your home, your vehicle and your workplace.

While opinions on this topic continue to be politically charged and often controversial, understanding what your state expects of you in a self-defense situation matters. Your states laws may frustrate you, and you may disagree with them, but as a responsible gun owner, its crucial that you adhere to them. After all, if youre forced to use your weapon to defend yourself in a life-threatening situation, the last thing youll want is to be found criminally liable. Make sure you understand your states laws and follow them closely, and most importantly, stay safe.

Note: The information in this article is intended for educational purposes only. It is subject to change, and should not be construed as official or legal advice.

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Stand Your Ground Law: All 50 States Reviewed - TacticalGear.com

Five years later the Democrats would nominate an Iraq War opponent named Barack Hussein Obama and win decisively. By 2016, Bushism would be essentially repudiated in the Republican Party by Donald Trump. Today the vestiges of early-2000s hawkishness survive in establishment opposition to Bidens Afghanistan withdrawal, but dovishness is often a political asset rather than a liability, and the post-9/11 vision of a G.O.P. running against weak-on-terror Democrats long ago dissolved.

So has the Bush-era vision of a G.O.P. rallying so-called values voters, a Christian and churchgoing voting bloc, against secularism, sexual liberation and same-sex marriage. The Jesusland that showed up in liberal memes after the 2004 election has been shrinking ever since, and socially liberal values have advanced on a wide range of issues. A world where Republicans could run a national campaign promising to maintain marriage as a heterosexual institution has given way to a world where Republican-appointed Supreme Court justices lock in transgender rights and about one-sixth of American adults in Generation Z self-identify as outside heterosexuality (even if, one supposes, some of them still practice it).

Finally, progressivism has triumphed over the conservative ideology of welfare-state retrenchment, embodied by Bushs push for Social Security private accounts and, in a more dramatic way, by Tea Party deficit panic and Paul Ryans big plans for Medicare and Medicaid reform.

In 2003, this limited-government ideology was powerful enough to keep major health-insurance expansion off the table for Democrats. By 2011, that expansion had happened but seemed it could easily be rolled back, and Obama was officially committed to some form of the deficit reduction demanded by the Tea Party right. But since then, weve lived through a Republican administration that failed to dislodge Obamacare and ditched entitlement reform, an unprecedented experiment in social spending to carry the country through the pandemic and a further spending surge under Biden with Joe Manchin, the most rightward Senate Democrat on fiscal matters, standing to the left of where Obama stood 10 years ago.

So not one but three right-of-center ideologies crusading neoconservatism, moralizing religious conservatism, Tea Party government-cutting have fallen to progressivisms advance. Meanwhile, the country is more racially diverse, pot is legal or semilegal in many states, incarceration rates have fallen, and ideas once on the leftward fringe are dominant across media and academia. In all these ways and more, America in 2021 is the country that liberals in the Bush era wished they lived in: more liberal and permissive across multiple dimensions, less traditionally religious and heteronormative, less male-dominated and less white.

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Cheer Up, Liberals. You Have the America You Wanted.

The man who murdered Nipsey Hussle in a daylight ambush outside the beloved rappers clothing store in Los Angeles was sentenced to 60 years to life in prison, The Associated Press reports.

Eric Ronald Holder Jr., 33, appeared in a Los Angeles courtroom Wednesday, Feb. 22, and received his punishment after his conviction last July. Jurors found that he murdered the Grammy-winning rapper with premeditation following an initial conversation in a strip-mall parking lot on March 31, 2019.

During the hearing, the court heard from one of Hussles friends, as well as a letter from Holders father. Holder was not eligible for the death penalty, and a life sentence was largely expected.

During the trial last summer, prosecutors argued that Holder Jr. left the scene of the initial conversation and ate some food, and drove around the block before he stalked back to the parking lot about 10 minutes later and opened fire with a black semiautomatic in one hand and a silver revolver in the other.

Public defender Aaron Jansen argued that Holder Jr. acted in the heat of passion because he believed Hussle had accused him of being a snitch.

The conviction for first-degree murder and personal use of a firearm meant Holder Jr. was facing up to 50 years to life in prison.

In his closing argument during Holder Jr.s trial, Los Angeles County Deputy District Attorney John McKinneycalled Hussle a favorite son of South Los Angeleswho transcended the pockets of concentrated poverty and perils of gang life gripping his Hyde Park neighborhood to become an acclaimed recording artist, visionary entrepreneur, and noted philanthropist.

The streets he used to run as a young man became the life material that he used to become a voice of those same streets. While some people get successful, they make money, they leave their neighborhood, they change their address, this man was different. He wanted to change the neighborhood. He invested in the neighborhood. He kept the same friends and the neighborhood loved him. They called him Neighborhood Nip, McKinney said.Editors picks

He was a father, he was a son, he was a brother, he was a human being, the prosecutor said, showing jurors a photo of Hussle crouching down to take a photo with a young child just moments before his death.

Shortly after the trial started June 15, Jansen conceded his client fired the 10 or 11 bullets that struck Hussle from the top of his head down to his feet, ripping through his liver and lungs and severing his spine. But the lawyer was adamant Holder Jr. acted in the heat of passion after Hussle allegedly mentioned he heard about some paperwork related to Holder. In gang parlance, paperwork means documentation showing someone is cooperating with law enforcement. Jansen said his client considered the allegation asnitch jacket that threatened his life.

Holder Jr., like Hussle, joined the Rollin 60s Neighborhood Crips as a teen, but by 2019, he had moved to Long Beach, started working at a restaurant, and put his gang membership in the rearview mirror, Jansen told jurors. When Holder Jr. happened upon Hussle the day of the shooting, it was a chance encounter, the lawyer said.

Think about Erics state of mind at this point. I just came over to say hello, havent been around for a while. Im just waiting for [a food] order to be ready. Im not involved in that lifestyle anymore. And the famous the great Nipsey Hussle is saying that they have paperwork on me,' Jansen said, arguing that the provocation triggered rage and powerful emotions in his client that ran out of control. Jansen said his client, who wasbeaten up and slashed with a razorby fellow inmates amid the high-profile trial, was willing to take responsibility for his actions and admit to voluntary manslaughter.

McKinney, meanwhile, scoffed at the suggestion Hussle provoked his own slaying with the mention of paperwork. He said the people who witnessed the paperwork conversation including Hussles close friend Herman Cowboy Douglas and Holders friend turned unwitting getaway driver, Bryannita Nicholson described the parking lot exchange as short and civil, nothing that raised a specter of imminent danger.

It wasnt hostile. It didnt look like a fight was about to happen. No one was agitated, McKinney said in his closing.

According to McKinney, Holder Jr. had plenty of time to reflect and cool down. He said in the 10 minutes between the initial parking lot conversation and the shooting, Holder Jr. rode around the block in Nicholsons car one and a half times, loaded bullets in the magazine of his semiautomatic, ate some chili cheese fries, donned a shirt, ordered Nicholson to wait for him in an alley, stalked back to the parking lot wielding two loaded guns, and unleashed his surprise attack. Theres plenty of evidence of premeditation and deliberation, McKinney argued. And either way, a cold, calculated decision to kill can be reached quickly, he said.

I submit to you that the motive for killing Nipsey Hussle had little or nothing to do with the conversation they had; theres already a pre-existing jealousy,McKinney told the jury. Here you have Nipsey Hussle, who is a successful artist from the same neighborhood, [and] Mr. Holder, who is an unsuccessful rap artist.Trending

Hussle was a mixtape veteran on a clear upward trajectory when his life was cut short at the age of 33. A month before he died, he attended the 2019 Grammys with his daughter Emani and girlfriend Lauren London in support of his debut studio album,Victory Lap, nominated for best rap album. A year later, he was awarded two posthumous Grammys for his performances of Racks in the Middle, and the uplifting track Higher, a collaboration withDJ KhaledandJohn Legend.

London, who welcomed a son with Hussle, told mourners at the rappers Staples Center memorial that shed never felt this type of pain before. She then read a heartfelt text message that shed sent to Hussle two months prior. I want you to know I feel real joy in my heart when Im around you, the message read. I feel safe around you Protected. Like a shield over me when youre around.

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Nipsey Hussles Killer, Eric Holder, Gets 60 Years to Life in Prison