If somebody breaks into your house or mugs you, and you shoot them, how will you be tried under Florida law?

Question

And how does this change if that person happened to be unarmed (and you had no idea they were unarmed)?

Answer 1

You most likely will not be tried. Florida has probably the most leniant law in the country for defending your home. If someone breaks into your home in florida our law creates a presumption that you feared for your life and you are free to defend your home with deadly force. It doesnt matter if the person was armed or not. If the state wanted to prosecute you, and most likely they wouldnt, they would have to prove you didnt fear for your life. The only way they could do this is if the robber was a 8 year old, or maybe if the person who broke in was passed out drunk on the couch when you shot him. The law is here: Fla. Stat. � 776.013 (2006)

� 776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm


(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Answer 2

I have some friends who are police officers here in Florida, they take me out shooting sometimes. They said if anyone breaks into my house, I can shoot them, but they said to try to make sure I kill them so they can't try to sue me later. I'm just hoping nobody breaks in.

Answer 3

If you legitimately "feared for your life or welfare of another" (legal buzz words) then use of deadly force in self defense is pretty universal. However you (unfortunately) can't just shoot someone for stealing your stuff if you're not in any danger.

Answer 4

If the police investigation reveals that you acted in self defense, the chances are that you will not be charged with any crime.

Answer 5

You may be tried for either assault or homicide, but you have available the affirmitive defense of self-defense or defense of property.

Answer 6

you will not be tried as you say...you will be patted on the back...good luck