Self-defense has long been used by every criminal lawyer in West Palm Beach as the perfect defense for non-fatal or fatal confrontations. Generally, this criminal defense includes the duty to retreat before force is inflicted. Stand your ground law, commonly referred by several citizens as the shoot first law, discards such duty. Below is a brief yet thorough comparison of stand your ground and castle doctrine.
Difference between Stand your Ground and Castle Doctrine
Stand your Ground
It states that a person can use force to defend themselves, without compliance, with the duty to retreat. Hence, the law is principally an exception to the duty to retreat. As stated by a criminal lawyer, this law aims to eradicate any confusion about when a person can defend themselves. Likewise, it eliminates the prosecution of people who legally use self-defense, despite the lack of compliance of the duty to retreat concept.
The Castle Doctrine
It is a statutory right to protect one’s home or “castle” through the use of reasonable force. The castle doctrine was designed to protect the individual from attack and to allow the ultimate self-defense while in the safety of an individual’s own home. To further elaborate, this doctrine provides that a person is allowed to use force, even deadly ones, against an intruder for as long as such person believes that what was inflicted was reasonable.
The castle doctrine is not only applicable in homes; it is also applicable when an intruder enters a person’s place of work or vehicle. Fundamentally, this doctrine can be summarized as permitting an individual to defend one’s self against an intruder who:
Attempts to forcible and unlawfully remove an individual from the latter’s place of work, vehicle, or home, or
Use force to enter a person's home unlawfully.
Know More About These Concepts from a Criminal Lawyer in West Palm Beach
Most people do not have a full grasp of the intent of the Florida legislature. The intent was not to create a “shoot first, ask questions later” mindset. Yet, unfortunately, there are many instances in which exactly this has happened. To avoid abuse and misinterpretation of these concepts, contact David Olson Law!
