Deadly Force to Defend Another!

Can you use deadly force to defend another in Florida?

Yes, and determining when you can do so is easy.  Place yourself in the “shoes” of the third person.  If the law would allow them to use force or deadly force to protect themselves, you can defend them.  You can use the same level of force to protect another as they could use to protect themselves. In fact, Florida law specifies “or another” when talking about defending yourself from death or great bodily harm.  Further, you can “Stand Your Ground” when protecting another to the same extent as if protecting yourself. To learn more about Florida’s “Stand Your Ground” Laws watch our video at – Firearm Firm Stand Your Ground Video or read our blog post : Firearm Firm Stand Your Ground Post.

Example:

Steve walks into a convenience store and see the cashier being forced to empty the register at gun point. He pulls out his gun and kills the robber.

In this example, since the clerk had a right to use deadly force in his own defense, a third party (Steve, in this example) would have a right to use deadly force to protect him. Since the clerk was being threatened with deadly force, Steve had a right to defend him with deadly force.

We strongly believe that gun owners should be armed and educated.  All gun owners should learn about their rights and responsibilities.  We speak at seminars throughout the state of Florida.  U.S. LawShield subsidizes the cost of these seminars so that you only pay $10.00 to attend.  Come see us speak at Active Shooter and Gun Law Seminars.  For a complete schedule visit www.gunlawseminar.com.   Further, if you have any questions about Florida Gun Law, or any other firearm related questions, visit our website, search our knowledge base, or leave a question for us to answer.

The Firearm Firm is a statewide Second Amendment and Self-Defense law firm proudly serving the people of the State of Florida.

Defense of 3rd Parties-Caution Advised

Florida Law allows you to come to the aid of a 3rd party, but caution is advised.  Good Samaritans have come to the defense of 3rd parties countless times.  However, mistakes happen all too often.  Undercover officers attempting to make arrests have had guns drawn on them.  Victims who overpowered their attackers have been held at gun point.  Unless you see the entire event unfold, how can you tell who started it?  This video, originally created for U.S. LawShield, features attorney James Phillips of the Firearm Firm.  Attorney James Phillips informs us, what the law allows in the Defense of 3rd parties, and provides reasons to be cautious when deciding to intervene.

What you could not do is shoot the bully because he is pushing his prey around. In this example, the bully is only using non-deadly force. That is force not likely to cause death or great bodily harm to his victim. But what if the bully pulls out a knife and says he’s going to do everyone a favor by killing the victim and then begins to move in for the kill?

Can you now use deadly force to protect the victim? Does it matter or make a difference that you have never met this victim before? Under this example, the answer is yes. You can use your firearm or other means of deadly force to protect the victim from death or serious bodily injury. And no, it doesn’t matter if the victim’s your best friend or a complete stranger.

Florida statute 7 7 6 0.012 subsection two allows an individual to threaten to use or to actually use deadly force when he or she believes such force is necessary. To prevent death or great bodily harm to himself, herself, or another person. An individual is also justifying, threatening or using deadly force if that individual reasonably believes such force is necessary to prevent the imminent commission of a forcible felony.

Forcible felonies include but are not limited to murder, sexual battery, robbery, aggravated assault, aggravated battery, and other felonies that involve the use of physical force or violence. Going back to the example of the bully with a knife. Not only would you be justifying threatening to use or using deadly force because it was reasonable belief such force was necessary to prevent death or great bodily harm to the victim.

But it would also be reasonable to believe that such force was necessary to prevent the imminent commission of the aggravated assault, which is a forcible felony under Florida law. I highly advise you consider your options before physically getting involved in a confrontation between two or more strangers.

Why? If you do not witness the altercation from the start, how do you know which is the good guy and which is the bad guy? Further, if for example, you intervene and the person you believe is the aggressor, is an undercover police officer attempting to arrest a suspect who is resisting arrest. You may shoot the wrong person.

In 2015, John Roett was arrested in Titusville, Florida and charged with three counts of attempted second degree murder. After he had a shootout with some undercover Brevard County deputies who were attempting to arrest Mr. Roe’s niece, who he lived with. On the day of the shooting undercover deputies came to Mr.

Dora’s home and knocked on the door. Mr. Dora’s niece. Answered and one of the undercover cops grabbed her by the arm, at which time she begins screaming. Mr. Raett allegedly believing that his niece was being kidnapped, opened fire on the undercover deputies not knowing who they were or what they were doing.

Mr. Raett filed an immunity motion and after a week long hearing a Brevard County judge denied his motion. Currently, Mr. Raett is awaiting trial. This is a prime example of why you should only get involved in a situation defending someone else as a last option. Here, Mr. De Ross was defending a third party that he not only knew, but was also related to him and living with him, but he is still awaiting trial.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida. There, he gained invaluable experience analyzing how...
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What you could not do is shoot the bully because he is pushing his prey around. In this example, the bully is only using non-deadly force. That is force not likely to cause death or great bodily harm to his victim. But what if the bully pulls out a knife and says he’s going to do everyone a favor by killing the victim and then begins to move in for the kill?

Can you now use deadly force to protect the victim? Does it matter or make a difference that you have never met this victim before? Under this example, the answer is yes. You can use your firearm or other means of deadly force to protect the victim from death or serious bodily injury. And no, it doesn’t matter if the victim’s your best friend or a complete stranger.

Florida statute 7 7 6 0.012 subsection two allows an individual to threaten to use or to actually use deadly force when he or she believes such force is necessary. To prevent death or great bodily harm to himself, herself, or another person. An individual is also justifying, threatening or using deadly force if that individual reasonably believes such force is necessary to prevent the imminent commission of a forcible felony.

Forcible felonies include but are not limited to murder, sexual battery, robbery, aggravated assault, aggravated battery, and other felonies that involve the use of physical force or violence. Going back to the example of the bully with a knife. Not only would you be justifying threatening to use or using deadly force because it was reasonable belief such force was necessary to prevent death or great bodily harm to the victim.

But it would also be reasonable to believe that such force was necessary to prevent the imminent commission of the aggravated assault, which is a forcible felony under Florida law. I highly advise you consider your options before physically getting involved in a confrontation between two or more strangers.

Why? If you do not witness the altercation from the start, how do you know which is the good guy and which is the bad guy? Further, if for example, you intervene and the person you believe is the aggressor, is an undercover police officer attempting to arrest a suspect who is resisting arrest. You may shoot the wrong person.

In 2015, John Roett was arrested in Titusville, Florida and charged with three counts of attempted second degree murder. After he had a shootout with some undercover Brevard County deputies who were attempting to arrest Mr. Roe’s niece, who he lived with. On the day of the shooting undercover deputies came to Mr.

Dora’s home and knocked on the door. Mr. Dora’s niece. Answered and one of the undercover cops grabbed her by the arm, at which time she begins screaming. Mr. Raett allegedly believing that his niece was being kidnapped, opened fire on the undercover deputies not knowing who they were or what they were doing.

Mr. Raett filed an immunity motion and after a week long hearing a Brevard County judge denied his motion. Currently, Mr. Raett is awaiting trial. This is a prime example of why you should only get involved in a situation defending someone else as a last option. Here, Mr. De Ross was defending a third party that he not only knew, but was also related to him and living with him, but he is still awaiting trial.