What is the Castle Doctrine?
Florida law creates a presumption in favor of a person using defensive force in a dwelling, residence, or occupied vehicle.
Where someone was unlawfully and forcibly entering, or had unlawfully and forcibly entered, and the defender knew or had reason to believe that occurred, the law presumes the defender held a reasonable fear of imminent death or great bodily harm. That presumption is significant — it shifts what has to be established.
There's no duty to retreat in these circumstances.
The exceptions matter and are frequently overlooked. The presumption generally doesn't apply where the person entering had a right to be there — a co-owner, a lawful resident, someone with legal title or a lease — or in certain circumstances involving custody disputes over children. It also doesn't apply where the defender was engaged in criminal activity, or was using the dwelling to further criminal activity.
So the doctrine is powerful in the classic intruder scenario and considerably less so in disputes between people who both live somewhere.
The presumption is strong. The exceptions are where these cases actually turn. ---
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