Everyone knows you can defend yourself in your home. But what about protecting other property?
Using Force to Defend Property
Florida Statute 776.031 allows a person to use or threaten to use non-deadly force if: they reasonably believe such conduct is necessary to prevent or terminate the other’s trespass on, or tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or a person whose property he or she has a legal duty to protect.
Now that we have discussed the laws, let’s apply it to a scenario.
It is close to bedtime and as you’re walking around your house making sure all the doors are locked you notice someone on your property looking at your car parked at the end of your driveway. At this point, you have the legal right to open the door and yell at him to get off your property. And if he does not do so, Florida law allows you to either use or threaten to use non-deadly force to expel the person from your property.
What you cannot do is take out your firearm and let a round off in the air, as that is the use of deadly force. If while watching the person he decides to smash out your car window and reach into your car to take something, you once again would only be allowed to use or threaten to use non-deadly force to try and prevent him from taking your stuff. A lot of people have the mistaken belief that in this situation a person would be justified using deadly force.
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Florida Statute 776.013 allows a person to use deadly force against another when that other person 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: so long as the person using defensive force knew or had reason to believe than an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
The key here is that the law allows the use of deadly force if the vehicle is occupied. When your car is parked outside your home and no none is in it, it’s just another piece of property and therefore Florida Statute 776.031 applies and not the Castle Doctrine. If the person takes off with your property from the car before you can stop him, you are justified in running after him to get your property back. But if you do catch up to him, you can only use non-deadly force to get your property back.
I highly recommend if the person is running away, consider other options besides trying to chase them down, such as calling 911. The only time a person is justified in using deadly force to protect property is if he or she reasonably believes such force is needed to prevent the imminent commission of a forcible felony, such as a robbery. But in that situation, you are really protecting yourself, not the property.
An example of this would be if you pulled up in your driveway and someone comes to your window with a gun and tries to carjack you. In that situation, the attacker is attempting to take your property, but because he’s trying to take it by committing a forcible felony, you would be allowed to use deadly force.
It is critical that you completely understand these legal concepts. If you have any questions about your rights to defend your property or any other self-defense law in Florida, don’t hesitate to call U.S. LawShield and ask to speak to your Independent Program Attorney.
Oh, the good old days of the Wild West!!
Buy a can of wasp spray. It can shoot 27 feet in a controlled stream and will stop a person cold.
You’ll be enjoying a lifetime of work to pay off the lawsuit from any injuries sustained from that which would likely lead to blindness at the low end of the list.
Wouldn’t that be “non-deadly force”?
Don’t shoot in leg, means you are not in danger of death. Go center mass. Never not shoot to kill. Or don’t shoot. Only shoot for self preservation of self and others.
No, get police grade pepper spray. That’s what it’s designed for. Wasp spray is bullshit.
You I would most definitely open yourself up to a lawsuit for blaming that individual using wash spray wasp spray. Or if they died due to respiratory failure due to the use of wasp spray or any other condition or harm that came to that individual for using a potentially deadly toxic material
“The only time a person is justified in using DEADLY FORCE to protect property is if he or she reasonably believes such force is needed to prevent the imminent commission of a forcible felony, such as a robbery.”
So, this is the definiton of robbery, “the action of taking property unlawfully from a person or place by force or threat of force.” The scenario you give is someone with a gun at the window of the car you are in, trying to carjack you. What if they didn’t have a gun – but uses force, while unarmed, like yanking you out of the car so they can hijack it? Can you still shoot them if they are unarmed?
If someone is trying to forcibly remove you from your vehicle, even if they are unarmed, you are justified in using deadly force to prevent them from doing so. At least in Florida.
trying to get your property back from a thief is dangerous because it’s impossible to tell if they are armed. you could be following the “non lethal” guidelines and then the scumbag pulls a gun and shoots you dead. these laws must be amended to account for theft at night.
What I really want to know is what can you do if you’re in or in front of your place of business (say a retail store) and a group of people are looting it. It appears unless they specifically attack you, you have no recourse (calling the cops during a riot is the equivalent of holding up a cross in front of you)
If they attack YOU (most likely during a riot they will be armed in some way, rocks/bricks/batons) THEN you can attack back with deadly force for sure and will be protected by the law.
BUT If they are simply attacking property,
i.e windows, looting.
you can use NON DEADLY to protect it…
If it’s worth it take the chance.
Otherwise take video …let insurance take care of the losses and keep you life intact.
During a riot you will be out numbered, Don’t be a hero.
Remmber If they aren’t trying to kill you, you will lose the case.
Ah no a group of people attack you is deadly force. Looting your store while you are in it is robbery a forcible felony.
i guess you missed Korea Town during the LA Riots (Rodney King).
Only if they are attacking YOU.
Otherwise keep your life and let insurance take care of it,
Video is the best in a situation like that.
Calling cops won’t help during a “riot” situation.
Have evidence and make insurance pay up.
Does this apply to out of state too, say you and your family are visiting Florida , and a Floridian person lost control of their dogs and the dogs are charging at your family (little kids) , you don’t know if the dogs are friendly or will they attack , the owner can’t call them back or control them .
Now would it be justify to shoot the dogs or will it only be justify once the dog get to you and attack ?
If someone has been stalking you and trespassing your property even after reporting to police and police do nothing about it you catch that person on your property they flee from your property but not the area and you confront and use non deadly force as in fight. Will I still be charged for fighting that person
But what if you go to use non deadly force and then the thief starts to beat your ass , are you aloud to then shoot him
Yes. Because you are armed. You are in fear of your life. If knocked unconscious, they will reasonably use that gun to kill you.
But what if you go to use non deadly force and then the thief starts to beat your ass , are you aloud to then shoot him
If someone is TRESSPASSING around in the dark on your property you know they are up to no good.
So now we hear you have to determine if the intruder intends to rob, steal, rape or murder you before you can do anything? That’s crazy.
Everyone knows if you call the cops the intruder is long gone before they arrive and simply move on to the next unsuspecting victim or come back later or another night.
Best course of action in my opinion is some very well placed motion activated flood lights and a couple of good guard dog.
Regarding non deadly force: Can I load my handgun with shot shell pellets? It’s like shooting a cloud of hot dust-sized lead a few feet.
You I would most definitely open yourself up to a lawsuit for blaming that individual using wash spray wasp spray. Or if they died due to respiratory failure due to the use of wasp spray or any other condition or harm that came to that individual for using a potentially deadly toxic material
sounds like the law is on the criminals side
Be perfect
Stand in FRONT of your car and shoot him thru the windshield. Say he was attempting to use the car as a deadly weapon ! A few hundred for a new windshield and an interior detail and it’s as good as new !
I was wondering about the following scenario. There have been cases where for example people cut the charging cable from EV charging stations for the copper value in them. Would I get in trouble if I catch such people and hold them at gun point (I have a CCW License) until the police arrives? Of course, unless they attack me, I wouldn’t shoot them but I would hold them at gun point. The question is if I could get in legal trouble if I would hold them at gun point when cathing them in the act of a crime?
So, what if you are walking your dog and one or two people decide to try and forcibly steal your dog from you. If they physically attack you as a means to do that, can you defend yourself with lethal force?
Yes you can. You are being physically attacked.
I am speaking in Florida only, that is stand your ground.