Florida Stand Your Ground Law: When Is a Jury Instruction Required in Self-Defense Cases?

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

If someone is arrested and formally charged with the use or threatened use of deadly force in Florida, they may wish to rely upon a Stand Your Ground defense. Under Fla. Stat. Section 776.012, Stand Your Ground allows someone to use or threaten to use deadly force if they develop a reasonable belief that it is necessary to prevent death or great bodily harm to themselves or others. 

Though Stand Your Ground is a viable defense that is often relied upon, not every person who wishes to claim self-defense is legally entitled to a “Stand Your Ground” jury instruction.

A “Stand Your Ground” instruction may be given if a defendant argues:

• They had a lawful right to be in the place where the force was used
• They were not engaged in criminal activity at the time
• They reasonably believed the use (or threatened use) of force was necessary to prevent an imminent threat of death or great bodily harm to themselves or others

Note: Florida’s Stand Your Ground law eliminates the “duty to retreat,” so long as the person bringing the claim is not engaged in criminal activity and in a place that they have the right to be. Bouie v. State, 292 So.3d 471 (Fla 2d. DCA 2020).

Now, a major Florida court has held that if any evidence (other than a mere claim of self-defense) is introduced that indicates someone reasonably used or threatened to use deadly force to protect themselves or others from death or great bodily harm, that person is entitled to a Stand Your Ground jury instruction at trial. Smith v. State, 6D2023-2239 (Fla. 6th DCA 2025)

This is an important ruling, as the State must disprove that the defendant acted in self-defense beyond a reasonable doubt if a Stand Your Ground jury instruction is given.

A Stand Your Ground jury instruction in Florida informs the jury of the following: 

• A person is justified in using or threatening to use deadly force if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony (Stand Your Ground)
• If the defendant was not engaged in an unlawful activity and was in a place where they had a right to be, they had no duty to retreat and had the right to stand their ground and meet force with force
• If you have a reasonable doubt as to whether the defendant was unjustified in using  (or threatening to use) deadly force, you must find the defendant not guilty

In Smith v. State, the appellant shot and injured one of two attackers in his neighbor’s backyard. Smith had been friendly with his neighbors for years and would often visit their property. But the night of the incident, an argument between Smith and other friends of his neighbors in their backyard caused Smith to leave. 

Smith later returned to the backyard and asked if he could retrieve some of his belongings. He was given permission to do so – but a verbal altercation ensued between Smith and the neighbor’s friends. 

The two friends (both larger males) surrounded Smith – allegedly threatening to beat him up. Fearing for his safety, Smith shot and wounded one of the would-be attackers. Id.

Smith was convicted of aggravated battery with a firearm (Fla. Stat. 775.087) after the trial court denied his request to give a Stand Your Ground instruction to the jury. This occurred after the judge excluded the threat (“I’m going to beat you up”) from being mentioned at trial, ruling that it was inadmissible hearsay (despite Smith’s argument that it was being introduced for effect on the listener). 

But the Sixth District Court of Appeal reversed Smith’s conviction, holding that the trial judge erroneously denied his Stand Your Ground instruction request. 

The court reasoned that even though he was on his neighbor’s property at the time of the incident, Smith was in a place he had a lawful right to be – as his neighbors had given him permission to retrieve his belongings.

The 6th DCA also observed that the alleged threat to beat Smith up was not being offered to prove the truth of the threat itself (inadmissible hearsay) – but rather, the fact that his belief in it caused Smith to discharge his firearm (effect on the listener). Thus, the trial court had erred by excluding any defense mention of the threat. 

The court concluded that if there is any evidence to support a theory of self-defense, the trial court should give a Stand Your Ground instruction “however flimsy the evidence is which supports that theory or however weak or improbable the testimony may have been.” Wagers v. State, 199 So. 3d 1116, 1117 (Fla. 5th DCA 2016). 

Because evidence existed that Smith was threatened (which should have been admitted at trial), this entitled him to a Stand Your Ground jury instruction. The court reversed his conviction and remanded the case to the lower court for further proceedings. 

In sum, a defendant is entitled to a Stand Your Ground jury instruction in Florida if they introduce any evidence or testimony at trial (regardless of how flimsy) that they lawfully used or threatened to use deadly force in defense of themselves or others. 

A Stand Your Ground jury instruction may fundamentally change the direction of a case, as it explicitly requires a jury to acquit a defendant unless they are sure that the use or threatened use of deadly force was unreasonable given the circumstances. 

If someone is concerned about a case involving a Stand Your Ground defense or is seeking to argue Stand Your Ground, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

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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