The article discussed how a Boynton Beach man shot and injured a 20-year-old man that he had found hiding inside his home.
When police arrived, they found the burglar injured by several gunshot wounds. The burglar survived the shooting.
The homeowner told police that he shot someone who had been hiding in his house. The homeowner gave police the gun he used to shoot the burglar and is cooperating with detectives.
Police stated that it appears that the homeowner used deadly force in response to an imminent threat to his life within his home.
Stand Your Ground provides for absolute protection against prosecution in the event that your home is burglarized and you use lethal force. However, Stand Your Ground applies outside of the home.
In the event you are confronted with lethal force on the street, you may respond with lethal force. You have no duty to retreat.
In the event you are confronted with non-lethal force, you may use non-lethal force to defend yourself or others. Again, you have no duty to retreat.
However, you may not use lethal force when you do not have a reasonable fear that somebody is about to cause you great bodily harm or death. For instance, if some guy is running his mouth but not making any threats or reaching for any weapons; you cannot use or attempt to use lethal force. In this situation, if you were to pull a gun, you would likely be charged with
aggravated assault.
Some situations involving the use or attempted use of lethal force are factually disputed. These are the situations in which you will be charged with a crime. It is in these situations where Stand Your Ground becomes your defense to prosecution. While a factually disputed scenario will not result in no prosecution, Stand Your Ground can be employed as your defense. Stand Your Ground is basically Florida's self-defense law.
You have a right to protect yourself and your family. If you are trained in martial arts or if you lawfully carry a concealed firearm, then I believe that you have a social responsibility to protect those who cannot protect themselves. Family, friend, or stranger. If you see somebody being victimized, then I believe that you should do something to stop it.
In those situations, Stand Your Ground applies. You do not have to helplessly watch somebody become a victim of violent crime. The law says that if the victim would have a right of self-defense, then you may use that level of self-defense to stop it. If you see somebody getting beat up, you may use non-lethal force. If you see somebody getting robbed or carjacked, you may use lethal force since that perpetrator is in the commission of a forcible felony.
Many times, though, the true victim is actually arrested. Don't let your rights get trampled upon. You have a right to preserve your life and to protect those around you.
If you have been arrested for a crime and you believe that you had a lawful right of self-defense,
call me to discuss your case.
Eric Matheny is a criminal defense attorney who practices in Miami-Dade and Broward. He is a former Miami-Dade prosecutor. Eric Matheny is a firm believer in Florida's Stand Your Ground law and will fight for your right of self-defense if wrongly arrested. Eric Matheny is a strong supporter of the 2nd Amendment as well as Florida's concealed carry laws. Eric Matheny is a member of the National Rifle Association.