Everything to Know About Florida’s Stand Your Ground Law

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, Stand Your Ground is a prominent state law that is often discussed in the context of shootings in self-defense. But there is often a lack of understanding regarding the specifics of Florida’s Stand Your Ground law (Fla. Stat. 776.012, 776.013, 776.031, 776.032, 776.041). This blog will answer frequently asked questions about Stand Your Ground in Florida.

#1 – What is Florida’s Stand Your Ground law?

Florida’s Stand Your Ground law allows someone to use or threaten to use deadly force as a reasonable and proportionate response to a danger to themselves, others, or to prevent the commission of a forcible felony. 

It applies so long as someone was not engaged in illegal activity and had a lawful right to be where the force was used.

#2 – What are the components of the Stand Your Ground law?

The Stand Your Ground law is made up of five key statutes: Fla. Stat. 776.012, 776.013, 776.031, 776.032 and 776.041.

Under Fla. Stat. 776.012, someone is justified in using nondeadly force (e.g. a punch) if it is reasonably necessary to defend themselves against another’s imminent use of unlawful force (can be either deadly or nondeadly). 

This statute also provides that deadly force can be used or threatened if it reasonably believed to be necessary to prevent death or great bodily harm to themselves, others, or to prevent the commission of a forcible felony. There is no duty to retreat if someone is lawfully present.

Fla. Stat. 776.013 extends this protection to someone lawfully located in their home. If someone is in their residence, they are presumed to have a fear of imminent peril of death or great bodily harm if someone unlawfully enters (with the exception of a police officer who is engaged in the performance of their official duties and has identified themselves).

Fla. Stat. 776.013 also states that a person who unlawfully enters or attempts to unlawfully enter an occupied vehicle or home by force is presumed to be doing so with the intent to commit an illegal act involving force or violence. This strengthens a Stand Your Ground claim if a lawful occupant uses deadly or nondeadly force against them.

Fla. Stat. 776.031 allows someone to use nondeadly force to prevent trespass, or “other tortious or criminal interference” with someone’s private property. It also notes that deadly force is only permitted in defense of property if it is necessary to prevent the imminent commission of a forcible felony.

Under Fla. Stat. 776.032, someone who uses or threatens to use force in accordance with Fla. Stat. 776.012, 776.013 and 776.031 is immune from criminal prosecution and civil action (e.g. lawsuits) stemming from the use or threatened use of force. 

Note: Fla. Stat. 776.032 permits someone to still be held criminally and civilly liable if the victim was a police officer engaged in the performance of their official duties, identified themselves, and the person knew or reasonably should have known the person against whom the force was used was law enforcement.

Finally, Fla. Stat. 776.041 makes clear that Stand Your Ground is unavailable as a defense to both of the following categories of defendants:

• Someone attempting to commit, committing, or escaping after the commission of a forcible felony
• Someone who initially provoked the use or threatened use of force against them

A person who provoked (aggressor) can still regain the right to use force under Stand Your Ground, but only if one of the following is true (Fla. Stat. 776.041):

• They reasonably believe that their life is in imminent danger or they are about to suffer great bodily harm, and has exhausted every reasonable means to escape the danger other than use or threatened use of force
• In good faith, they withdraw from aggressive physical contact with the assailant, and indicate clearly to the assailant that they desire to withdraw and terminate the use or threatened use of force – but the assailant continues or resumes the use of force

#3 – What does “reasonable” mean in the context of Stand Your Ground?

Someone is said to have used or threatened force reasonably if a “reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used the same force as did the defendant.” Mobley v. State, 132 So. 3d 1160 (Fla. 3d DCA 2014).

#4 – Is this an objective or subjective standard?

This is an objective standard. The question is not whether the defendant personally believed that their use of force was reasonable – as this would lead to automatic acquittal as soon as someone claimed they believed they were acting reasonably (Oquendo v. State). 

The key is whether a “reasonable person,” if placed in the defendant’s shoes at the time the force was used or threatened, would have been legally justified in using or threatening that same force.

#5 – Why is it called “Stand Your Ground”?

The law is referred to as Stand Your Ground because there is no “duty to retreat.” The duty to retreat is known as the “Castle Doctrine” – which essentially states that someone must attempt to remove themselves from a threatening situation before using deadly force if they are not located in their home or on their private property (e.g. in their vehicle).

However, the Florida Legislature did away with the “Castle Doctrine” by codifying Stand Your Ground. Fla. Stat. 776.012 specifically reads:

“A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”

The relevant question under Stand Your Ground is whether someone has a lawful right to be in a particular location, and whether or not they are engaged in criminal activity. If they are lawfully present and not engaged in criminal activity, force (including deadly force) is authorized without a duty to retreat if it is reasonable and proportional.

#6 – What if someone has a mental illness and thought they were acting reasonably?

If someone has a mental illness (such as PTSD) and this causes them to use force unreasonably, Florida does not recognize this as a valid basis for a Stand Your Ground claim. The presence of a mental illness cannot be used to legally justify someone’s use or threatened use of force if it was objectively unreasonable.

However, the presence of physical conditions (e.g. if someone is bound to a wheelchair or significantly weaker than their attacker) can be considered in evaluating the reasonableness of someone’s use or threatened use of force. For more on how Stand Your Ground treats mental and physical conditions differently, click here.

#7 – What is a pretrial immunity hearing?

In Florida, it is required that someone who asserts a Stand Your Ground defense (via a motion to dismiss) receive a pretrial immunity hearing to determine whether someone is immune from prosecution due to Stand Your Ground protections (Fla. Stat. 776.041). State v. Yaqubie, 51 So.3d 474, 476 (Fla. 3d DCA 2010)

A pretrial immunity hearing involves the trial court weighing and resolving factual disputes regarding the defendant’s use of force to determine whether the case should be dismissed. For more on pretrial immunity hearings, click here.

#8 – What actually happens at the pretrial immunity hearing?

During a Stand Your Ground pretrial immunity hearing, the defense must first present a prima facie (on its face) case of lawful self-defense, defense of others, or use of force to prevent the commission of a forcible felony. 

This does not have to be proven by the defense, but facts must be alleged that, if true, entitle the defendant to Stand Your Ground immunity. If this is done, the State must disprove the defense’s claim of pretrial immunity by clear and convincing evidence. 

If the State does so successfully, the case will advance to trial. However, if the State fails to defeat the prima facie claim, the charges are to be dismissed. State v. Gallo, 76 So. 3d 407 (Fla. 2d. DCA 2011)

#9 – What is a forcible felony?

Under Fla. Stat. 776.08, a forcible felony includes any of the following:

• Treason
• Murder
• Manslaughter
• Sexual battery
• Carjacking
• Robbery
• Burglary
• Arson
• Kidnapping
• Aggravated battery
• Aggravated assault
• Aggravated stalking
• Aircraft piracy (e.g. hijacking)
• Unlawful throwing, placing, or discharge of a bomb
• Any other felony offense involving the use or threat of physical force or violence against an individual

If a forcible felony is being or is about to be committed, someone may use or threaten to use force under Stand Your Ground if it is reasonable, proportional and necessary to prevent the forcible felony. For more information on forcible felonies, click here.

#10 – If someone loses at the immunity hearing, can Stand Your Ground still be used at trial?

Yes, someone can still invoke Stand Your Ground at trial even if the State disproves a Stand Your Ground claim by clear and convincing evidence at the immunity hearing. 

As “beyond a reasonable doubt” is an even higher standard than clear and convincing evidence, a Stand Your Ground defense at trial may work despite a judge finding a lack of a lawful basis for use or threatened use of force at a pretrial hearing. Whether to also raise Stand Your Ground at trial must be determined on a case by case basis.

#11 – So, can someone use deadly force any time they are threatened?

No, the law clearly states that someone cannot use deadly force any time they feel threatened. This is only permitted if there is an imminent threat of death or great bodily harm to yourself or others, or it is necessary to prevent the imminent commission of a forcible felony.

#12 – What kinds of charges does Stand Your Ground typically apply as a defense to?

This is a key question – and one of the most frequently asked. A Stand Your Ground defense is most typically raised in cases involving:

• Murder or attempted murder 
• Other unjustifiable homicide charges, such as manslaughter and attempted manslaughter by act)
• Aggravated assault
• Aggravated battery
• Other violent felonies involving force, especially, where deadly force was used to stop an alleged forcible felony (e.g. to prevent a home invasion, robbery, or other forcible felony)

A Stand Your Ground defense is not limited only to cases involving the death or serious injury of a victim – it can also apply in other cases (e.g. aggravated assault) where force was threatened but not used.

#13 – What if someone is engaged in criminal activity when the force is used?

Someone generally cannot rely upon Stand Your Ground if they were engaged in criminal activity at the time they used or threatened force. The potential exception to this is if someone is illegally in possession of a firearm and reasonably uses it in response to a threat of death or great bodily harm. Little v. State, 111 So.3d 214 (Fla. 2d. DCA 2013)

Florida’s courts are currently disputing whether a felon in possession of a firearm can rely upon Stand Your Ground – or if this is not permitted because it is considered “criminal activity.” For more on that, click here.

#14 – Can I use “Stand Your Ground” to avoid a potential threat?

No, the threat must be immediate. Someone cannot preemptively kill or injure another person someone “believes” is a threat to them and then claim Stand Your Ground. It must be a response to a real and imminent threat of death, great bodily harm, or the commission of a forcible felony.

#15 – Will Stand Your Ground stop me from getting arrested?

No, Stand Your Ground is not a defense to getting arrested. Someone may still be arrested and charged even if their use of force was justified under Stand Your Ground. 

However, someone who raises Stand Your Ground after they are arrested and charged is entitled to a pretrial immunity hearing. This may lead to the charges being dismissed by the court before a defendant is ever formally tried.

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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