Self Defense Cases

Florida’s Stand Your Ground law, codified in Florida Statutes § 776.012 and § 776.032, allows an individual to use force, including deadly force, to protect themselves or others without the obligation to retreat if: They reasonably believe such force is necessary to prevent imminent death or great bodily harm to themselves or others, or to prevent the commission of a forcible felony such as robbery, burglary, or aggravated assault.

Unlike traditional self-defense laws, which often require a person to retreat if safely possible, Florida law removes that duty to retreat if the individual is in a place where they have a legal right to be, including their home, vehicle, workplace, or public spaces.

Immunity from Prosecution and Civil Lawsuits

One of the strongest protections under Florida’s Stand Your Ground law is that it not only justifies the use of force in certain situations but also provides immunity from both criminal prosecution and civil lawsuits. This means that if the court determines you acted lawfully in self-defense, you cannot be arrested, charged, or prosecuted for the use of force. Additionally, you are protected from civil lawsuits that might be filed by the alleged attacker or their family.

In Florida, a “Stand Your Ground” defense begins with your attorney filing a pretrial motion for immunity under the law, requesting a hearing before the case proceeds to trial. At this hearing, the defense presents evidence demonstrating that the use of force was legally justified. If the judge agrees, the case can be dismissed before it ever reaches a jury. However, if the motion is denied, the defendant still retains the right to assert a self-defense claim during trial.

Our West Palm Beach based criminal defense firm is experienced in strategically filing and arguing Stand Your Ground immunity motions, and we vigorously pursue pretrial dismissals in cases involving allegations of domestic violence and restraining order violations, battery and assault, aggravated battery and aggravated assault with a deadly weapon, robbery and home invasion, as well as homicide and manslaughter cases involving claims of self-defense.

Stand Your Ground in Domestic Violence and Violent Crime Cases

Many clients mistakenly believe self-defense only applies to encounters with strangers or intruders, but Florida law permits self-defense even against someone you know, including spouses, partners, family members, or acquaintances if the legal conditions are met. Our firm has successfully raised Stand Your Ground and traditional self-defense claims in domestic violence cases, including situations where clients defended themselves against physical attacks during heated domestic disputes.

Key Elements for a Successful Stand Your Ground Defense

To successfully invoke Stand Your Ground immunity or assert self-defense at trial, several key elements must generally be established: the defendant must have had a reasonable belief that they were in imminent danger of death or great bodily harm; the force used must have been proportionate to the perceived threat; the defendant must have been lawfully present at the location where the incident took place; and, in most cases, the defendant must not have been the initial aggressor or provoker of the violence.

Our team works diligently to gather witness statements, video surveillance, 911 call logs, forensic evidence, and expert testimony to build a compelling defense on your behalf.

Contact an Experienced West Palm Beach Self Defense Attorney

If you’ve been arrested or accused of a violent crime and believe you acted in lawful self-defense, don’t wait. At The Ishak Law Firm, led by Attorney Monica Ishak, we fight aggressively to protect your rights and freedom under Florida’s Stand Your Ground and self-defense laws.

We handle cases throughout West Palm Beach, Palm Beach County, and surrounding areas. Contact us today for a free, confidential consultation, and let us start building your defense.