The recent shooting of two burglars by Orlando resident Anthony Julian highlights Florida's revised Stand Your Ground Law. Prior to its adoption in 2005, a person had to believe themselves in imminent danger before resorting to deadly force. If there was an avenue of escape available, a citizen was required to pursue that avenue rather than use force.
In the case of Anthony Julian, he likely would have been required under former laws to call 911 and refrain from entering his own home, as he was in no danger while he remained outside. Instead, Julian was within his legal rights to, upon realizing his house was occupied unlawfully, arm himself, enter his own residence and confront the intruders.
Julian is covered by Florida Statutes, Chapter 776, specifically through 776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--
(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
The statute further states in section (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
With the rising number of home invasions and carjackings resulting in loss of life, it seems logical that statutes would develop that address the fact that, in most cases, by the time a victim realizes their life is in fact endangered it is too late.
Comments
I AM GLAD FLORIDA ADOPTED THE "STAND YOUR GROUND LAW" THE ONLY PROBLEM I HAVE IS HOW THE DECISION IS MADE TO QUALIFY A CASE UNDER THE LAW AND WHO MAKES THE DECISION TO PROSECUTE. MY SON WAS CONVICTED OF MANSLAUGHTER/WEAPON AND SENTENCE TO 30 YEARS. HIS BRACKLET WAS FOUND IN THE DECEASED PROPERTY AT THE HOSPITAL. MY SON NEVER WENT TO THE HOSPITAL ALTHOUGH HIS NOSE WAS BROKEN AND HE WAS BEATEN VERY BADLY BY GANG MEMBERS. THE CONFRONTATION STARTED OVER AN ARGUMENT OVER A GIRL AND THE DECEASE CAME TO ASSIST HIS FRIEND. HE HAD BEEN DRINKING AND GOT VERY AGGRESSIVE. MY SON TOLD HIS FRIENDS TO GET HIM THAT HE HAD NO BEEF WITH HIM HE DID NOT WANT TO FIGHT. THEY WERE MEMBERS OF THE GANG "SEX MONEY AND MURDER'' OUT OF TAMPA FLORIDA AND AFFILIATED WITH THE BLOODS OUT OF NEW YORK .MY SON HAD ON A LOT OF VERY EXPENSIVE JEWERLY, A SIGNAL WAS GIVEN BETWEEN THE GANG AND MY SON WAS ROBBED OF HIS BRACKLET. THE SAME GANG MEMBERS WAS CHARGED AND CONVICTED OF AFFRAY AT THE SAME LOCATION ON TWO OTHER OCCASION. THE POLICE DID NOT CONDUCT ITS INVESTIGATION IN AN EVEN HANDED MANNER ONCE
MY SON INVOKED HIS RIGHT TO REMAIN SILENCE. THAT DID NOT MEAN HE WOULD NOT TALK TO THE POLICE HE WANTED AN ATTORNEY PRESENT. THE INVESTIGATION WAS NOT FAIR AND THIS CASE NEEDS TO BE REOPEN- YOU MAY CONTACT ME AT 813-369-0826 OR EMAIL daarose@live.com FREE
MY SON UNDER THE "STAND YOUR GROUND LAW"
The Florida, stand your ground law, seems to be working very well in central Fla. People seem to be thinking twice before they trespass, break-in, ect. I will not hesitate to protect family, property or whatever it takes to," stand my ground". Education and restraint must be used with this law,for example ,being in . public places, gatherings. The past laws urged you to just runaway from a situation. But on your own property, It should be your call. This law was passed in 2005 by Gov. Jeb Busch. Be safe have a good day.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!