What is the Castle Doctrine and does it Apply in Florida?
The castle doctrine is a legal theory that most, but not all, states follow. It simply states that if someone invades your place of abode, your vehicle, or your place of work, and you have a reasonable fear that physical harm could be inflicted upon you, you have the right to defend yourself.
This includes causing death or serious bodily injury. Florida does follow the castle doctrine and courts, for the most part, have no trouble siding with the victim and against the intruder. However, if you do not believe you are in real danger, think twice before you cause serious injury or death because you will be forced to justify what you did later on.
If your reaction is not reasonable and overexcessive, then you can be criminally charged. It does not seem fair, but this induendo about the law is supposed to make someone think before reacting unreasonably.
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Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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