Busting the Most Common Myths About Florida’s Stand Your Ground Law

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Stand Your Ground law is one of the state’s most widely debated pieces of legislation. But it is also one of the most poorly understood. This article will address some of the most common myths about Florida’s Stand Your Ground law (Fla. Stat. 776.012 and 776.032) and explain what the law actually says. 

The first myth about Florida’s Stand Your Ground law is that it allows the use of deadly force any time, so long as it is in self-defense. But the reality is much more complicated than this common oversimplification.

Stand Your Ground does not allow the use of deadly force so long as it is in self-defense. Rather, it authorizes use of deadly (or a threatened use of force) if it is a reasonable and proportional response to:

• A threat of death or serious bodily injury to the person using the force
• A threat of death or serious bodily injury to another person (who is being protected by the person using the force)
• The attempted commission of a forcible felony (e.g. burglary, sexual battery, robbery, kidnapping)

Florida law assumes that if someone is lawfully within their own residence or vehicle when the force is used, that the use of force is reasonable. The State must rebut this presumption for a Stand Your Ground claim to fail.

The second myth is that Stand Your Ground only applies in someone’s home. But this doctrine, called the Castle Doctrine, was actually replaced by Florida’s Stand Your Ground law. Mobley v. State, 132 So. 3d 1160 (Fla. 3d DCA 2014)

Decades ago, a “duty to retreat” existed. If someone was in a place they had a lawful right to be (but not on their property), they still had a legal obligation to try to remove themselves from the situation before using deadly force. However, that duty now no longer exists.

Critically, someone cannot be the aggressor in a situation and still claim Stand Your Ground (e.g. punching someone then shooting them when they go to punch back). But if someone has a lawful right to be somewhere, is not engaged in criminal activity, and the use of deadly force is a reasonable and proportional response to a threat – they may do so without first retreating.

A third myth about Stand Your Ground is that a person committing a crime can still rely upon it if they are attacked. But the law forbids someone who is actively engaged in criminal activity at the time from invoking its legal protections. If someone did not have a lawful right to be where the force was used (e.g. trespassing) or was engaged in other criminal activity, Stand Your Ground does not apply.

A possible exception to this rule is if the only criminal activity someone was engaged in was the illegal ownership of the firearm used. If the force was otherwise lawful and the only thing the accused “did wrong” was unlawfully possessing the gun, they may be able to claim immunity.

The 2nd District Court of Appeal has held that in such a situation, the accused can still rely upon Stand Your Ground (Little v. State, 111 So.3d 214 (Fla. 2d. DCA 2013)). However, the 4th DCA has said the opposite, causing significant legal tension that is yet to be resolved by the Florida Supreme Court (State v. Hill, 95 So. 3d 434 (Fla. 4th DCA 2012)).

A fourth myth is that by claiming Stand Your Ground, this will prevent an arrest by police. But law enforcement may arrest someone regardless of whether they claim they were acting in lawful self-defense, defense of others, or to prevent the commission of a forcible felony.

If someone is charged with an offense and claims Stand Your Ground, they may file a motion to dismiss and request a pretrial immunity hearing (Fla. Stat. 776.032). At this proceeding, a defendant must make a prima facie (on its face) showing of lawful use of force by alleging specific facts that indicate or tend to indicate their use of force was legally permissible.

If a defendant does so successfully, the burden of proof shifts to the State to rebut this showing by clear and convincing evidence. This is not quite as demanding of a standard as “beyond a reasonable doubt,” but it is still very lofty. If the State fails to disprove a prima facie showing of lawful use of force, the charges are to be dismissed before trial.

A fifth myth about Stand Your Ground is that it imposes a specific requirement as to when force is permitted (such as the “21-foot rule”). However, there is no hard and fast numerical metric that reveals whether someone lawfully used force under Stand Your Ground. Florida courts consider whether a reasonable and prudent person, if they knew the facts and circumstances as they appeared to the defendant, would have been legally justified in using the force the defendant did. If the answer is yes, Stand Your Ground immunity exists. If not, there is no immunity.

A sixth myth about Stand Your Ground is that if a Stand Your Ground claim fails at the pretrial immunity stage, someone cannot argue self-defense at trial. However, this is not the case. The State must still prove that someone did not act lawfully to defend themselves (or others) at trial beyond a reasonable doubt even if Stand Your Ground fails at the pretrial immunity hearing.

A seventh myth is that warning shots are not considered deadly force necessary to trigger a potential Stand Your Ground claim. Many erroneously believe that if they fire a shot into the air, away from a victim, that they do not need to bother asserting a Stand Your Ground claim in Florida.

But this is not true – as Florida law considers warning shots deadly force as a matter of law. Thus, even if there is no question that someone was not specifically attempting to kill a person, Stand Your Ground may still be necessary to assert based on this fact. Hosnedl v. State, 126 So.3d 400 (Fla. 4th DCA 2013)

An eighth and final myth about Stand Your Ground is that this defense only applies in response to murder or manslaughter (or attempted murder or manslaughter) charges.

However, a Stand Your Ground defense may apply in cases involving many different charges, including:

• Battery and aggravated battery
• Aggravated assault
• Improper exhibition/discharge of a firearm

Understanding the myths and facts about Stand Your Ground law in Florida is crucial when evaluating whether this is a potentially viable defense in response to a criminal charge. If someone is arrested and formally charged in Florida and wishes to assert a Stand Your Ground defense, it is vital to find experienced and aggressive legal representation as soon as possible. 

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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