Legal Question in Criminal Law in Florida

I have a hypothetical question regarding the justifiable use of force in the state of Florida. If in a criminal intruder was in one's home and the armed homeowner discovered him, would that homeowner have the duty to retreat if the intruder was clearly trying to escape the premises?


Asked on 11/28/14, 4:20 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

No duty to retreat, but that doesn't necessarily mean you can shoot an intruder clearly fleeing either. You are standing your ground but it does not mean that you can just go shoot people. VERY fact specific so since this is a hypothetical this is about all I can say.

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Answered on 11/28/14, 9:48 am


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