Broward Road Rage Shooting Ruled Self-Defense

Today, www.local10.com reported that the Broward Sheriff's Office ruled that a Pompano Beach road rage shooting was self-defense.  Relying on Florida's Stand Your Ground Law, sheriff's deputies decided not to arrest and charge the shooter with a crime because they believed that he was lawfully defending himself.

According to reports, the shooter and the deceased were involved in an argument over an apparent incident on the road.  The deceased got out of his car and approached the shooter's car.  Witnesses stated that the deceased reached through the driver's side window of the shooter's car.  That's when the shooter, a Florida concealed weapons permit holder, fired his weapon.  

While tragic, the shooter was exercising lawful self-defense in this situation.  That is because the deceased reached inside the vehicle of the shooter.  By reaching inside the vehicle, the deceased committed a burglary of an occupied conveyance.  That is considered to be a forcible felony under Florida law.  If somebody is in the process of committing or attempting to commit a forcible felony against you, you have an absolute right to use deadly force under Florida law.

I am a member of the NRA, a concealed weapons permit holder, and a criminal defense attorney.  Needless to say, I believe in your right to preserve your life! While a shooting is never a positive thing, the law permits the use of deadly force if you believe it is necessary to save your life, or the life of another.

If somebody reaches into your car, they have committed a serious felony.  When a body part crosses the window frame and enters the vehicle, the law considers that to be a burglary.  And if the deceased was trying to touch the shooter while doing so, he would have been committing a burglary with an assault or battery.  That means that if the shooter had not fired, the deceased could have been arrested and charged with a felony punishable by life in prison.

As you can see, Stand Your Ground scenarios are very fact-specific.  Had the deceased not reached into the shooter's car, it's likely that the shooter would have been charged with second-degree murder, or possibly manslaughter.  

If the deceased just stood outside of the deceased's car and argued with him, the shooter would have not had the right to use lethal force.  

I practice criminal defense in Miami-Dade and Broward.  I believe in Florida's Stand Your Ground Law and will do everything in my power to preserve your rights should you find yourself in legal trouble.  

If you should require legal representation, call my office.