04-13-2012, 05:59 PM
As I understand it this is the major change to the Florida law that included the "Castle Doctrine" to the whole issue of self defence. Before the change, if someone was breaking into your house through the front door and you could get out the back door safely you hae the rather ownerous duty to escape if you could. The law did not require that you already be attacked or killed before defending yourself. Now, fortunately, you can smoke em when they get inside.
The downside of this rather vaguely written clause leaves the door open to useing deadly force to end a fight you started, or at least thats what the defence lawyers are doing.
(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.
The downside of this rather vaguely written clause leaves the door open to useing deadly force to end a fight you started, or at least thats what the defence lawyers are doing.
(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.