Even when one is unaware of the laws impacting ones routine business, they are still regulating and restricting society in countless ways. However, laws are often massive and complex, leading to common misperceptions and interpretations. This column, the first in a series by Progressive Law Practice that will offer a look into laws that are notable for their common misconceptions, we'll examine deadly force and trespassing.
Does one need to verbally request a trespasser leave a property before using force? The answer, as it turns out, depends on circumstances and the state where the alleged offence is occurring.
Hussein & Webber, PL is a criminal defense law firm in Florida and explains some of the nuances of the state’s Stand Your Ground law, which in 2005 was codified in sections 776.012 and 776.013 of Florida statue. According to information from the law firm, Florida’s law permits a person who reasonably believes he or she will be harmed to use deadly force. Individuals have no duty to “retreat” from danger and the law also applies to those who believe someone other than themselves may be harmed.
With respect to home invasions, section 776.103 makes no mention of the need to verbally request that an intruder leave the premises.
“Section 776.013, Florida Statutes, provides that when an intruder unlawfully enters, attempts to enter, or (emphasis added) refuses to leave a dwelling, residence, or vehicle owned or lawfully occupied by another person, the owner or occupant is presumed to have held a reasonable fear of death or great bodily harm so as to justify the use of deadly force. The intruder is furthermore presumed to be doing so with the intent to commit an unlawful act involving force or violence,” according to information from Hussein & Webber.
Contrast this law with California. Shouse California Law Group discusses the Golden State’s Stand Your Ground and self-defense laws. Similar to Florida, there is no requirement to retreat from danger and according to information from Shouse: “California self-defense law also provides that you have the right to use reasonable force to make someone who is trespassing on your property leave.”
However, the law states you must request (emphasis added) the trespasser leave in addition to “reasonably” believing the intruder poses a threat to the property or people occupying the property.
Further. jury instructions for the law pertaining to the right to defend real or personal property, CA 3476 , notes “reasonable force” must be applied when combating home invasions. This means the “amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm.”
The goal of the Progressive Law Practice series is to thoroughly inform its readers about statutes relevant to topics interesting to them, but interpretation of the law is always a complicated matter. Please feel free to comment on this law or suggest others that are often misconstrued by the masses for future articles.
In future columns we'll tackle some of these questions and topics: Is it true you can’t get a ticket if a cop forgets to wear a hat when approaching the car? After all, he is out of uniform, right? What happens if a police officer doesn’t read a suspect his or her Miranda warning properly, or at all? What happens if you lie on your taxes? When is an “objection” actually appropriate?