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re: Homeowner for the win
Posted on 3/13/16 at 11:39 pm to Clames
Posted on 3/13/16 at 11:39 pm to Clames
quote:
Under Florida's law she does in fact have that right.
quote:
A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
Fla. Stat. Ann. § 776.031 (West)
Posted on 3/13/16 at 11:55 pm to TigernMS12
quote:
A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
Fla. Stat. Ann. § 776.031 (West)
Quote the whole statute next time. Then read those notes and look up the cases to get a better idea of how the law is actually applied.
quote:
(2) A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. 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.
If she was attacked then that forcible felony part comes into play under 776.031.
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