Self Defense
Fla. Stat. 776.012 — no duty to retreat, a presumption at home, and immunity when the force was justified
In Florida, a person is justified in using or threatening force, short of deadly force, when and to the extent they reasonably believe it necessary to defend themselves or another against another's imminent use of unlawful force, and has no duty to retreat first.
Deadly force, and standing one's ground. Deadly force, used or threatened, is justified where the person reasonably believes it necessary to prevent imminent death or great bodily harm to themselves or another, or the imminent commission of a forcible felony. A person not engaged in criminal activity and in a place they have a right to be has no duty to retreat and may stand their ground.
A person defending against someone who was unlawfully and forcefully entering, or had entered, a dwelling, residence or occupied vehicle, or was trying to remove someone from one against their will, is presumed to have held a reasonable fear of imminent death or great bodily harm, where they knew or had reason to believe the unlawful and forcible entry or act was happening.
- The presumption does not apply against someone with a right to be in the dwelling, such as an owner or lessee, unless there is an injunction for protection from domestic violence or a no contact order against them.
- It does not apply where the person removed is the other person's child or grandchild, or in their lawful custody.
- It does not apply to a person engaged in criminal activity, or against a law enforcement officer performing official duties who identified themselves or was reasonably known to be an officer.
Immunity, and the burden on the other side. A person whose force was justified under these sections is immune from criminal prosecution, including arrest and detention, and from civil action, except against an officer acting in official duties. Police may not arrest for the force unless there is probable cause it was unlawful. Once a prima facie claim of immunity is raised at a pretrial hearing, the party seeking to overcome it bears the burden by clear and convincing evidence.
A court that finds a civil defendant immune awards reasonable attorney's fees, costs, lost income and expenses. Whether force was justified in a given case is a question for a court and for a licensed Florida attorney.
Sources for this section (3)
- Fla. Stat. 776.012 — Use or threatened use of force in defense of person
- Fla. Stat. 776.013 — Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm
- Fla. Stat. 776.032 — Immunity from criminal prosecution and civil action for justifiable use or threatened use of force
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.