Do You Have A Right To Protect Yourself Or Others?

The answer is there is no “right”, but you can protect yourself or others according to the current Laws in Florida. If you meet the elements of the commonly named statute of “Stand Your Ground” then you have the right to protect you and others from grave bodily harm from another person.

For example: a burglar comes into your Fort Lauderdale, Margate or Coral Springs home and you are there watching T.V. with your family or friends. If the intruder decides to attack you when he notices you, are you supposed to run away, or defend yourself, others, home, and children? You can legally defend your home, others, and your children if you are able to do so. And if you are able to take control of the situation, subdue the offender and dial 911 immediately.

The current law reads as follows:

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (cont…)

As for tacking this statute to other situations and other places such as outside your home and in the neighborhood. That is the heated current debate in the Trayvon Martin, shooting case taking place in Central Florida. With all of the conflicts in the reports, this statute may or may not apply. According to reports, the youth was not attempting to enter the shooters home, and the reports have conflict about the youth attacking the shooter at the time of the shooting.

If someone tries to hurt you or your family in your home, you have laws that protect you if you chose to defend yourself and others. But read further into the laws before you jump the gun. Call a local attorney for a consult if you or any family member have been accused or charged with a crime that you believe may involve self defense.

Palm Beach Police Officer Kills Criminal During Crime

Nicholas Burdett, 25, was shot during the commission of a robbery by Deputy Justin Clayton on South Beach, Miami. Burdett, who is from Massachusetts, died at Jackson Memorial Hospital. Reports say Burdett had a knife and attempted to forcefully rob the off-duty deputy. The police officer defended himself, just as any other individual should in a armed encounter.

This seems to be a clear case of self-defense for the victim, and being a police officer only bolsters his defense in court because it will be made evident he had proficient knowledge and skill in weapons usage or at the very least in how to engage an armed threat.

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The Future of Crime Fighting Is In Your Hands

Criminals who recklessly endanger your safety have been and will most likely always be out in our society. Many citizens speculate that the threat will only increase in these upcoming times of financial hardship and rising stress. There will be massive budget cuts in education, juvenile justice, drug programs, prosecutor's offices and courts. In turn, robberies, drug dealing, and various violent crimes might escalate and will impact you and your family. Should you protect yourself from the physical harm of another individual acting illegally, you should have a lawyer to protect your self-defense interests.

Out of Orlando, reports have it that an average of 14 shots fired calls are sent in daily to local police departments. Police are out manned and outgunned to simply go after every call and perpetrator in a timely and effective manner. Citizens have been taking their mortal safety into their own hands by carry of concealed weapons or placing them in their vehicles should they ever need them.

Last month the Orlando Sentinel had a story detailing how the state's "10-20-Life" sentencing provisions are nothing more than a farcical slogan. In a four-year period, only 5 percent of the 7,437 gun suspects arrested in Orange on gun charges received a mandatory sentence.

If you are in a self-defense situation, do not answer the many questions that police will use to incriminate you or build a false case against you. Just say you want to speak with your lawyer. Mr. Behr can be your lawyer in your time of need.

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Florida Authorizes Force in Defending Yourself from Force

Have you ever been in a situation where self-defense was warranted? Harmful force to yourself may be met with equal force in defense, in most scenarios involving civilian to civilian confrontation. Self-defense is a defense commonly asserted by someone charged with a crime of violence, such as battery (striking someone), assault with a deadly weapon, or murder. The defendant admits that she did in fact commit the crime, but claims that it was justified by the other person's threatening actions.

This means that you do not have to wait until you are struck the first blow in order to strike your own, in most cases. You must be VERY SURE that if you deliver force it will prevent the unavoidable injury of the aggressor's deliberate and violent actions to your self.

In the State of Florida, if you are struck with a garden hose, you cannot use a firearm in self-defense. Yet if you are imminently about to be attacked with a knife or firearm by an aggressor or aggressors, you may use deadly force to prevent injury or death to your body.

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In a press release from the Law Offices of Ralph Behr on June 16, 2008 South Florida criminal defense attorney Ralph Behr announced his office will argue what may be the first criminal case in Florida which demands immunity from prosecution for lawful acts of self defense.

The criminal case currently is in the criminal trials courts of Fort Lauderdale, Broward County.

The defendant is charged with Attempted Murder, the case facts also allege the crimes of kidnapping, aggravated battery, aggravated assault and two counts of armed home invasion, as well as pendindg drug trafficking charges from cocaine and cannabis found at the crime scene.

The defense will demand the court grant immunity from prosecution based on Florida's newly passed self defense statute F.S. 776.032. The case currently is in the Broward circuit courts in Fort Lauderdale, Florida.