The Castle Doctrine and Self-Defense

Everyone wants to have the ability to protect himself or herself against an attacker or intruder. In the state of Florida, the Castle Doctrine gives a person the right to use deadly force as self-defense in certain situations. Under this law, a person has the right to use force against an offender to protect his or her life, home, property, place of work, or another’s life. The Castle Doctrine prevents the defender from being held liable for any harm caused to the intruder or attacker, as long as the defender was acting within the law.

When Does the Castle Doctrine Apply?

There are specific situations in which the Castle Doctrine protects a defender from civil or criminal liability. Florida law states that, when faced with an intruder or attacker, you may stand your ground and use deadly force if:

• Someone has entered or is attempting to illegally enter your home, vehicle, or place of work by force, OR
• Someone has committed or is attempting to commit a forcible felony, such as burglary, robbery, sexual assault, or kidnapping within your home, vehicle, or place of work, OR
• You witness a forcible felony being committed against another individual that necessitates the use of lethal force in defense

Also, the following must be shown to be true to be protected by the Castle Doctrine law:

• You are not committing a crime when the lethal force is used
• You did not take action to provoke another into intruding upon or attacking you

If a person uses lethal force in self-defense in a situation that falls within these specifications, he or she may be exempt from criminal prosecution or civil liability for the injury or death of the offender. Sometimes, however, a person defending himself or another against a forcible felony may be wrongfully charged. In these cases it is important to consult with a criminal defense attorney to see that your rights under the law are protected.

Contact Us

If you or someone you love has been charged with a crime for using lethal force in self-defense, contact the West Palm Beach criminal lawyers of Eric N. Klein & Associates, P.A. today at 561-353-2800.