Under the provisions of the Castle Doctrine, a person may use deadly force against another person who enters a residence or occupied automobile with force and for an unlawful purpose. Deadly force may also be used against a person who is attempting to forcefully and unlawfully remove someone from a vehicle.

The provisions are intended to allow a victim to defend himself or another against an attempted carjacking or home invasion robbery without fear that a law enforcement officer or prosecutor could later second guess whether that decision was reasonably believed to be necessary.

Even if it was possible to retreat, no such retreat is required from the home or an occupied vehicle. The law does not protect a person using their vehicle or residence to commit a crime before the threat occurred. The self-defense provisions provide for common sense exceptions, including the protection of persons who have a right to enter the residence or occupied automobile unless they are subject to a protective order which would prevent such entry, disputes over a child's custody, and police officers acting in accordance with their official law enforcement duties.

Contact me or go to The Law Office of Kurt Teifke to discuss defenses that may be available under Florida law for the particular facts and circumstances of your case.