Stand Firm Florida Law
By James O Davis Submitted On May 05, 2012
There seems to be quite a few unjustifiable shootings that have been committed within that past few months. Is crime on the rise, or are people just becoming more scared and trigger happy? The Stand Firm Florida Law was put into place as a way for people to feel like they would be able to protect themselves and their family, but in recent events it has received a lot of heat on whether that law is actually helpful or hurtful.
What is the Stand Firm Florida Law?
The Stand Firm Law is the 776.013 State Statute. It basically allows a person to be able to defend themselves, their home, and their family should they feel that their lives are being threatened or they fear serious bodily injury.
There are certain requirements or actions that a person must be involved in doing or in the process of doing in order for you to legally be able to use the Stand Firm Law. You are not able to simply attack someone walking down the street because you feel that they look threatening. The person must be in the process of breaking into or simply unlawfully entering into a home, car, or other area in which they do not have permission.
When you are not permitted to use the Stand Firm Florida Law?
It is extremely important to understand that the Stand Firm Law cannot be used against anyone that has permission by law to occupy the space. For Example: If a husband and Wife have separated, but the husband still has legal custody of the children then they can still legally enter the home of the wife. The wife could not use the Stand Firm Law against her husband in this situation.
The Law does not applied to those that are committing a Criminal Act
Many people claim that a law enforcement office may have used what is considered to be "excessive force" when they were comprehending someone. While there are certain rules that try to prevent this action, law enforcement officers are permitted to use force in order to prevent the criminal from doing further harm. The criminal may not use the Stand Firm Law in order to protect themselves against the law enforcement force.
Stand Firm, Do Not Retreat
The Stand Firm Law was built as a way for individuals to feel that they had a little bit of power in protecting their home, car, body, and family from hard. Some states will require that if you have the opportunity to flee you must do so and then deal with the fallout of whatever the criminal leaves. Florida does not require you to retreat. Florida will allow you to stand and fight against those that are meant to cause you harm.
Mr. Davis entered private practice with a small firm and began practicing criminal defense immediately after graduation. Mr. Davis is licensed to practice law in the State of Florida and in Federal Court. Since 1999, Mr. Davis has successfully defended thousands of clients charged with robberies, drug offenses, burglaries, sexual offenses, economic crimes, and DUI's.
You can find more about Jacksonville Criminal Law Attorney, James Davis on his website jamesdavisdefense.com
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