Deadly Force in defense of property, FL

[eric.cartman]

Please point me to information regarding the use of deadly force in defense of property in the state of Florida.

when can a citizen use a gun to defend property? only at home? on the street?

 

[LawBot5000]

Burglarly of a residence plus any felony that involves acquiring your property through threat of force willl allow you to respond with deadly force.

Defending property per se isnt allowed. So you can't put spike pits in your backyard or a claymore in your living room when you are out of town.

 

[tegemu]

You can only shoot when you are reasonably sure that your life or the life of another is in danger or in danger of serious bodily harm. Larceny alone does not qualify, that would be manslaughter or homicide.

 

[Rustynuts]

My instructor mentioned a case where a guy heard a burglar break in, went to clear the house, found and shot him in the garage. He was convicted because he "went looking" for trouble instead of bunkering and calling 911. I found this hard to believe, seems to violate the castle doctrine defense. Maybe the problem was he was in the garage and not in the house proper?

 

[scurtis_34471]

You can only shoot when you are reasonably sure that your life or the life of another is in danger or in danger of serious bodily harm. Larceny alone does not qualify, that would be manslaughter or homicide.

That is 100% incorrect in the state of Florida. The law assumes that you have reasonable fear for your life if someone forceably enters your home, car or place of business. Under such circumstances, you are shielded from both criminal and civil liability.

My instructor mentioned a case where a guy heard a burglar break in, went to clear the house, found and shot him in the garage. He was convicted because he "went looking" for trouble instead of bunkering and calling 911. I found this hard to believe, seems to violate the castle doctrine defense. Maybe the problem was he was in the garage and not in the house proper?

If you are in Florida, your instructor is full of crap. There is no duty to retreat in Florida and forceable entry of a residence provides an automatic assumption of fear for life. If someone breaks into your house, you can shoot them. Period. No exceptions.

 

[davhina]

http://licgweb.doacs.state.fl.us/weapons/self_defense.html
you have no duty to retreat in your home, vehicle or place of business

 

[Chad]

The Florida Statutes are a good place to start.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/ch0790.htm

And buy Florida Firearms: Law, Use & Ownership by Jon H. Gutmacher.
http://floridafirearmslaw.com/indexbook.shtml
No Florida gun owner should be without it.