I Shot a Carjacker in Florida: Will I Go to Prison?
Most people are aware that Florida has strong self-defense laws. But what happens when you try to protect someone else from a violent criminal? What if you discharge your firearm to prevent a carjacking while walking down the street in Fort Lauderdale? If you subsequently face felony charges, you should work on a defense strategy with a Fort Lauderdale stand your ground/forcible felony attorney as soon as possible.
Justifiable Use of Deadly Force in Florida
Florida offers numerous viable defenses to those facing consequences for the use of deadly force. Most people are familiar with the concept of self-defense. If someone is shooting at you, it is acceptable to shoot back in Florida. If you kill the attacker, Florida law should protect you from charges like homicide or assault with a deadly weapon.
Florida goes further than many other states in this regard. In the Sunshine State, there is no duty to retreat. You can defend yourself in a public space without first attempting to “retreat” to a safe place.
In addition, Florida allows you to use deadly force to protect other people from harm. If you witness someone else being attacked with deadly force, you can legally shoot the aggressor to prevent a potential murder.
Finally, you can use deadly force to prevent a “forcible felony” from occurring. Examples of forcible felonies include:
- Murder
- Manslaughter
- Sexual battery
- Aggravated battery
- Carjacking
- Home-invasion robbery
- Robbery
- Burglary
- Arson
- Kidnapping
- Aggravated assault
- Aggravated stalking
- Aircraft piracy
- Use of destructive devices
- Any other violent felony
Since carjacking is a forcible felony, Florida law implies that it is legally permissible to fire upon – and potentially kill – a criminal in the process of carjacking an innocent person. However, you should speak with a qualified criminal defense lawyer in Fort Lauderdale to receive more accurate and targeted legal advice on this matter.
Book a Consultation With a Stand Your Ground Lawyer in Fort Lauderdale
You shouldn’t have to face consequences for acting as a Good Samaritan in Florida. If you saved an innocent victim from a violent carjacker, you should be protected by the Sunshine State. However, these protections are far from guaranteed. In order to properly fight for your rights, it may be best to work alongside a qualified Stand Your Ground lawyer in Fort Lauderdale. Get in touch with Haber Blank, Attorneys at Law – and get started with a defense strategy today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.08.html#:~:text=%E2%80%94%E2%80%9CForcible%20felony%E2%80%9D%20means%20treason,bomb%3B%20and%20any%20other%20felony
https://www.flgov.com/wp-content/uploads/2012/06/Bob-Dillinger-Handout.pdf
