Castle Doctrine Works In Florida

Castle Doctrine basicly says that you may use up to deadly force to defend your residence (or, in some states, any place legally occupied, such as one’s car or place of work) and/or any other innocent persons legally inside it, from violent attack or illegal trespass. Stand Your Ground Laws are sometimes coupled with the Castle Doctrine to relieve the resident’s occupants (or, in some states, any place legally occupied, such as one’s car or place of work) of any duty to retreat or announce their intent to use deadly force before they can be legally justified in doing so to defend themselves.

In light of resent events, a bit of justice takes place as the Castle Doctrine and Stand Your Ground works in Florida:

TAMPA, Fla. – A pistol-packing jogger in Florida won’t be charged for shooting and killing a teenager who attacked him during a midnight run.

Prosecutors said Tuesday they are convinced Thomas Baker acted in self defense when he fired eight shots at 18-year-old Carlos Mustelier near Tampa in November.

Prosecutors say Florida’s “stand-your-ground” law was a factor in their decision. The law, passed in 2005, gives people the right to use deadly force as long as they “reasonably believe” it is necessary to stop another person from hurting them.

Baker told police he reached for his gun when the teen punched him in the face. Baker has a concealed weapons permit.

The teen was hit four times in the chest, back and buttocks. He died at the scene.

Excellent. This only highlights the difference between Self-Defense and Murder. Thomas Baker didn’t go looking to kill someone. However, if not fully aware, he now knows the importance of The Second Amendment and the Castle Doctrine. Some criminal will now think twice before trying to mug or attack someone.

Florida has a real strong Castle Doctrine that allows the citizens of this great state to protect themselves. GunLaws.com tells us what the Florida Law does for us:

The Florida “Castle Doctrine” law basically does three things:

One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

Two: It removes the “duty to retreat” if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.

Indeed, thank you GunLaws.com for looking out for us. The specific statute is here: Title XLVI Chapter 776.013

I am told (though as of this writing, I am still looking for confirmation) that Florida has the highest number of concealed carry permits than any state in the union (even more so than Texas). We are jokingly refer to as “The Gunshine State” because it is reported that 1 in every 49 people (again, unconfirmed) has a concealed carry permit. So criminals have a choice and can take your chances when they decide to attack a law abiding citizen.

Just one more reason to love the Great State of Florida!

[Cross-Posted On Practical State.com]


PS: Even the acts taken by the Heroes in the Arizona shootings can thank Stand Your Ground law in Arizona for protecting them. Without it, they could (although I don’t know who would) have easily been prosecuted with assult or Jared Loughner could sue them for giving him a black-eye (however I see it unlikely that any jury would side with Loughner). I mean, they hit him with a chair and piled onto him. The use of force does not have to be deadly force.