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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Posted by TigernMS12

Member since Jan 2013

5540 posts

Posted on 3/14/16 at 12:09 am to Clames

quote:
If she was attacked

Do you not read? My argument is simply that you cannot use deadly force as means to protect solely property. I stated a long time ago that if the confrontation rose to the level of self-defense then obviously that changes things. Subsection 2 of the statute is not applicable in this situation if the perp was leaving the scene when she arrived, which is the situation that everyone seems to think its ok to still use deadly force. Subsection 2 clearly only applies to "prevent the imminent commission." If the perp were leaving the scene in this situation or any other situation, then she is not preventing anything from happening. Furthermore, under SYG laws in FL. a person does not have to retreat, but they cannot use more force than necessary to prevent danger to themselves.

Edit

quote:
Under Florida law, “defense of property” is an affirmative defense that justifies the use of non-deadly force to protect a person’s land, home, vehicle, or other personal property. Florida does not recognize a right to use deadly force in the protection of property interests alone.

LINK Yes, the link is to a law firm. I don't feel like getting on lexis at the moment.

This post was edited on 3/14/16 at 12:14 am

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