Stand Your Ground and Self-Defense Immunity in Miami

That protection does not happen on its own. It has to be raised, proven up with evidence, and fought for at a pretrial hearing. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Florida Law Allows

• Non-deadly force. You may use or threaten force when and to the extent you reasonably believe it is necessary to defend yourself or another person against someone's imminent use of unlawful force. You have no duty to retreat before doing so.
• Deadly force. You may use or threaten deadly force if you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another, or to prevent the imminent commission of a forcible felony.
• Standing your ground. When you use or threaten deadly force under that rule, you have no duty to retreat and have the right to stand your ground if you are not engaged in criminal activity and are in a place where you have a right to be.

Threatening force is covered, not just using it. That matters in the many cases where someone is charged with aggravated assault for showing a weapon to stop an attack.

What Counts as a Forcible Felony

Florida law lists them, including murder, manslaughter, sexual battery, carjacking, home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, and aggravated stalking, plus any other felony that involves the use or threat of physical force or violence against any person.

Your Home and Your Car

Florida gives extra protection at home:

• In a dwelling or residence where you have a right to be, you have no duty to retreat and may stand your ground and use or threaten force as the law allows.
• When you use or threaten deadly force, you are presumed to have had a reasonable fear of imminent death or great bodily harm if the person you used force against was unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or had removed or was trying to remove someone from it against that person's will, and you knew or had reason to believe that was happening or had happened.
• A person who unlawfully and by force enters or tries to enter your dwelling, residence, or occupied vehicle is presumed to be doing it intending to commit an unlawful act involving force or violence.
• A "dwelling" under this law can include an attached porch, and a "vehicle" means any conveyance designed to carry people or property.

The presumption has limits. It does not apply when:

• the other person had a right to be there or lives there (such as an owner, tenant, or titleholder), and there is no domestic violence injunction or written pretrial no-contact order against that person;
• the person being removed is the other person's child or grandchild, or is otherwise in that person's lawful custody or guardianship;
• you were engaged in criminal activity or using the place to further criminal activity; or
• the other person was a law enforcement officer entering in the performance of official duties who identified himself or herself as the law requires, or you knew or reasonably should have known the person was an officer.

Defending Property

You may use or threaten non-deadly force when you reasonably believe it is necessary to prevent or stop someone's trespass on, or other unlawful interference with, real property other than a home (your home is covered by the rules above) or personal property, lawfully in your possession, in the possession of a member of your immediate family or household, or belonging to someone whose property you have a legal duty to protect. Deadly force in defense of property is justified only if you reasonably believe it is necessary to prevent the imminent commission of a forcible felony.

When Self-Defense Is Not Available

Florida law takes the justification away from someone who:

• was attempting to commit, committing, or escaping after a forcible felony; or
• initially provoked the use or threat of force against himself or herself, unless:

- the force or threat against that person became so great that he or she reasonably believed there was imminent danger of death or great bodily harm, and had exhausted every reasonable means to escape other than force likely to cause death or great bodily harm; or

- he or she, in good faith, withdrew from physical contact, clearly showed a desire to stop, and the other person continued or resumed the force.

Who started it, and what happened next, is often the real fight in these cases. That is why witnesses and video matter so much.

Immunity: More Than a Defense

A person who uses or threatens force as Florida law permits is justified and immune from criminal prosecution, and "criminal prosecution" includes arrest, detention, and charging. The same law also gives immunity from a civil lawsuit brought by the person force was used against, or that person's personal representative or heirs.

Florida law adds two more protections:

• Arrest limits. Police may investigate, but they may not arrest a person for using or threatening force unless they determine there is probable cause that the force was unlawful.
• Civil fees. If you are sued and the court finds you were immune, the court must award you reasonable attorney's fees, court costs, compensation for lost income, and all your expenses in defending the lawsuit.

The law enforcement exception: immunity does not apply when the person force was used against was a law enforcement officer acting in the performance of official duties, and the officer identified himself or herself as the law requires, or the person using force knew or reasonably should have known it was an officer.

The Pretrial Immunity Hearing

The defense can ask for a pretrial immunity hearing. Under Florida law, once the defense raises a prima facie claim of self-defense immunity at that hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity (the State). If the judge grants immunity, the case is over. No trial.

If the judge denies immunity, the case goes forward, and self-defense can still be argued to the jury at trial.

How We Prepare for the Hearing

1. Lock down the scene — photos, measurements, lighting, and where everyone was.
2. Get the video — phones, businesses, doorbells, and body cams — before it is recorded over.
3. Find and interview witnesses early, while memories are fresh.
4. Document your injuries and the other person's history when it is relevant.
5. Use experts when needed: forensics, firearms, medical, or use of force.
6. Present it to the judge at the hearing and make the State carry its burden.

What to Do After Using Force to Defend Yourself

1. Call 911 and get help for anyone who is hurt.
2. Do not explain what happened to police without a lawyer. You can say you were the one attacked and that you want a lawyer, then stop talking.
3. Do not post online or talk on jail phones. Those words get used later.
4. Have family save evidence — videos, photos of your injuries, texts, and witness names.
5. Call us right away, so we can push for immunity, fight for bond, and start investigating.

Related Charges and Issues

• Violent Crimes Defense — battery, aggravated assault, homicide, and 10-20-Life firearm minimums.
• Bond & Nebbia Hearings — getting out while the case is pending.
• Domestic Violence Defense — when the other person is a family or household member.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

What is Stand Your Ground immunity?

If you used or threatened force as Florida law allows, you can be immune from prosecution. At a pretrial hearing, once the defense makes a prima facie showing, the State must overcome immunity by clear and convincing evidence.

Do I have to retreat before defending myself?

Not if you are using force as Florida law allows. For deadly force, that protection depends on not being engaged in criminal activity and being in a place where you have a right to be.

Does it cover just pulling out a gun to scare someone off?

The law covers threatening force as well as using it. Whether it applies depends on the facts, including whether you reasonably believed the force was necessary.

What if I started the argument?

A person who provoked the fight usually loses the justification, but the law has exceptions, including when that person later withdraws in good faith and the other person keeps attacking.

Can I be sued by the person I defended myself against?

Florida law gives immunity from civil lawsuits too, and if the court finds you immune, it must award your attorney's fees, costs, lost income, and expenses.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.