Tampa Attorney for Self Defense

Florida’s self-defense laws are among the most comprehensive in the country, offering broad legal protections for individuals who use force to defend themselves, others, or their property. These protections are primarily governed by Florida’s Stand Your Ground statute, the Castle Doctrine, and laws addressing immunity from both criminal prosecution and civil lawsuits. While the statutes are clear, how they are applied often depends on the specific circumstances of a case and the interpretations of law enforcement, prosecutors, and judges.

At The Brancato Law Firm, P.A., we have over 25 years of experience defending clients throughout Tampa, Hillsborough County, and the Tampa Bay area. This guide explains your rights under Florida Statutes 776.012, 776.013, 776.031, and 776.032—and how those rights may be applied in practice.

Florida’s Stand Your Ground Law (Statute 776.012)

Florida’s Stand Your Ground law allows individuals to use force if they reasonably believe it is necessary to prevent imminent harm. According to Florida Statute 776.012:

• You are justified in using non-deadly force if you believe it’s necessary to prevent another person’s unlawful use of force.
• You are justified in using deadly force if you reasonably believe it’s necessary to prevent imminent death, great bodily harm, or a forcible felony (such as robbery or aggravated assault).
• You have no duty to retreat if you are in a place where you are legally allowed to be and are not engaged in criminal activity.

Example: If someone threatens you with a weapon in downtown Tampa, Florida law allows you to defend yourself without first attempting to retreat.

How Courts Evaluate Self-Defense Claims

In Florida, self-defense claims are judged using both subjective and objective standards, as outlined in Oquendo v. State, 357 So. 3d 214 (Fla. 2d DCA 2023). Courts consider:

• Whether you believed there was an imminent threat of harm.
• Whether a reasonable person in the same situation would have shared that belief.

Reasonable Belief Standard: The threat does not need to be real; what matters is whether your belief was reasonable at the time you used force. This principle was affirmed in Pollok v. State, 818 So. 2d 654 (Fla. 3d DCA 2002).

Defending Against Animal Attacks

Florida law extends self-defense rights to situations involving animals. In Gabriel v. State, 396 So. 3d 17 (Fla. 4th DCA 2024), the court recognized that individuals can use force to defend themselves from an immediate threat posed by an animal.

The Castle Doctrine: Defending Your Home and Vehicle (Statute 776.013)

Florida’s Castle Doctrine, outlined in Florida Statute 776.013, protects individuals who use force to defend their home, residence, or occupied vehicle. The law presumes that if someone unlawfully and forcibly enters or attempts to enter your home or vehicle, you have a reasonable fear of imminent harm.

You are justified in:

• Using non-deadly force to stop an intruder from trespassing.
• Using deadly force if you reasonably believe it’s necessary to prevent imminent death, great bodily harm, or a forcible felony.

When the Presumption of Fear Doesn’t Apply

There are specific circumstances where the presumption of reasonable fear does not apply:

• The person entering has a legal right to be there (for example, a co-owner or legal resident).
• You are involved in criminal activity during the incident.
• The individual is a law enforcement officer performing official duties.

Example: If an armed intruder breaks into your Tampa home, Florida law presumes you are justified in using deadly force to protect yourself and your family. However, every case is fact-specific, and the application of this presumption depends on how the situation is interpreted by law enforcement and the courts.

Defending Your Property: Florida Statute, 776.031

Florida law also allows you to use force to defend your personal and real property under Florida Statute 776.031:

• You are justified in using non-deadly force to prevent someone from trespassing on or unlawfully interfering with property in your lawful possession.
• You may use deadly force if you reasonably believe it’s necessary to stop the imminent commission of a forcible felony (such as carjacking).
• You have no duty to retreat if you are in a place where you are legally allowed to be, as supported by State v. Smiley, 927 So. 2d 1000 (Fla. 4th DCA 2006).

No Threat of Harm Required for Property Defense: According to Paese v. State, 381 So. 3d 4 (Fla. 4th DCA 2024), Florida law does not require an individual to face a threat of physical harm before using non-deadly force to defend personal property.

Example: If someone tries to break into your car while you’re inside and you reasonably believe they intend to harm you, you may be legally justified in using deadly force.

Immunity from Criminal Prosecution and Civil Lawsuits (Florida Statutes, 776.032)

Under Florida Statute 776.032, individuals who lawfully use force in self-defense may be immune from criminal prosecution and civil lawsuits. However, this immunity is not automatically granted and depends on the facts of the case and the court’s interpretation of the law.

What Immunity Can Protect You From

• You generally should not be arrested or prosecuted unless law enforcement finds probable cause that the use of force was unlawful.
• You may be protected from civil lawsuits brought by the person you used force against or their representatives.
• If the court finds your use of force was justified, you could recover attorney’s fees, court costs, and lost income incurred during your defense.

Proving Self-Defense Immunity

In a criminal case, the defense can file a motion to dismiss based on a valid self-defense claim, as outlined in State v. Moore, 337 So. 3d 876 (Fla. 3d DCA 2022). The defense must meet a simple burden of preponderance of the evidence. Bretherick v. State, 170 So. 3d 766 (Fla. 2015). If the court accepts the claim, the prosecution must prove by clear and convincing evidence that your use of force was unlawful.

Example: If you defend yourself during a robbery and the attacker’s family sues you, this statute could shield you from civil liability—provided the court finds your actions justified.

Immunity for Law Enforcement Officers

Florida law allows law enforcement officers to claim immunity under the same self-defense statutes, as recognized in State v. Peraza, 259 So. 3d 728 (Fla. 2018).

Appealing a Denial of Immunity

If a judge denies your immunity claim, you can challenge the decision through a writ of prohibition, as established in Morris v. State, 325 So. 3d 1009 (Fla. 1st DCA 2021). A writ of prohibition is an order from a higher court telling a lower court to refrain from moving forward on a matter that is not within its jurisdiction, such as proceeding on a criminal or civil matter when the defendant is immune.

When Florida’s Self-Defense Laws Might Not Protect You

Although Florida’s self-defense laws are broad, there are situations where they might not apply:

• You were engaged in criminal activity during the incident.
• The force you used was considered excessive or unreasonable given the situation.
• You used deadly force solely to defend property, and no forcible felony was being committed.

How the facts are presented and interpreted can significantly influence the outcome, making skilled legal representation essential.

Why You Need an Experienced Tampa Self-Defense Attorney

Navigating Florida’s self-defense laws requires more than just understanding the statutes—it demands strategy and legal insight. In most cases, a defendant will have two chances to assert self-defense: at a Stand Your Ground immunity hearing and at trial. In some instances, a third opportunity may arise through a writ of prohibition if a trial court denies an immunity claim.

An experienced Tampa attorney like Rocky Brancato may choose to bypass an immunity hearing in certain situations. This strategy can minimize the risks associated with a defendant testifying multiple times, which could give the prosecution material for impeachment at trial. Florida courts have also ruled that testimony given during a pretrial immunity hearing can be used as substantive evidence, as seen in Cruz v. State, 189 So. 3d 822 (Fla. 4th DCA 2015).

The decision to proceed with or skip an immunity hearing will depend on the facts of the case, the strength of the defense, and the attorney’s experience. A knowledgeable lawyer will assess the risks and develop a strategy tailored to your specific situation.

The Brancato Law Firm, P.A.: Tampa’s Trusted Self-Defense Law Firm

Florida’s self-defense laws are intended to protect those who act reasonably in dangerous situations. However, the legal process is often complex, and prosecutors may still bring charges if they believe your actions were unjustified. At The Brancato Law Firm, P.A., we have over 25 years of experience defending clients in self-defense cases across Tampa, Hillsborough County, and the Tampa Bay area. We understand both the legal complexities and practical realities of self-defense cases. If you’ve acted in self-defense, contact us today at (813) 592-8981 for a confidential consultation. Your rights matter, and we’re here to protect them.