Can I Be Charged with a Felony for Self-Defense in Florida?
By Jonathan Blecher on September 3, 2025
When most people think of self-defense, they picture protecting themselves or their loved ones in a dangerous situation. Florida law recognizes the right to defend yourself when threatened with bodily harm, but the reality is not always straightforward. While self-defense is a legal defense, it doesn’t prevent law enforcement from arresting or prosecutors from filing charges. There are situations where acting in what you believe is self-defense may lead to felony charges.
It’s important to understand how Florida handles self-defense cases, when the law applies, when it does not, and how a criminal defense attorney like Jonathan B. Blecher, P.A., can step in to protect your rights.
Self-Defense in Florida: The Basics
Florida has some of the most well-known self-defense protections in the country, largely due to the state’s Stand Your Ground law. Under Florida law, a person has no duty to retreat before using force if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony such as burglary, robbery, or sexual assault.
The concept seems simple: if someone threatens you, you have the right to defend yourself. But applying this law in real-life cases is rarely simple. Self-defense claims depend on the facts, the evidence obtained by law enforcement, and how the law is interpreted in court.
Florida’s Stand Your Ground Law
Florida’s Stand Your Ground statute removes the obligation to retreat before using deadly force in certain situations. The law also provides immunity from prosecution if the defendant can show they acted within the statute’s requirements.
However, prosecutors may challenge the self-defense claim, arguing that:
- The person used more force than necessary.
- The threat was not imminent.
- The defendant provoked the confrontation.
- The person claiming self-defense was involved in criminal activity at the time of the incident.
Situations Where Self-Defense May Lead to Felony Charges
Even though self-defense is recognized under Florida law, there are scenarios where the state may still charge a person with a felony, including:
Excessive Force
If someone uses deadly force in a situation where only minimal force was legally justified, prosecutors may file charges such as aggravated assault (a third-degree felony) or even second-degree murder. The key issue often comes down to whether the level of force used was “reasonable” under the circumstances. If the prosecution can argue that the response was disproportionate to the threat faced, the self-defense claim may be challenged, and the individual could face serious felony charges despite believing they were acting in self-defense.
Provocation
If the defendant provoked the fight, the court may find that the use of force was not lawful self-defense. For example, starting an altercation but later claiming fear of bodily harm may not hold up.
Use of Firearms
The use of a firearm in a self-defense situation can result in elevated charges. Even if the person acted to protect themselves, they could face weapons charges or enhanced penalties under federal law and state statutes.
Felony During Another Crime
If self-defense is claimed during the commission of another offense, such as burglary, drug trafficking, or another felony, the self-defense claim may not apply.
Death Results from the Act
When self-defense leads to a fatal outcome, prosecutors may pursue murder charges, ranging from second-degree murder to a capital felony punishable by life imprisonment or the death penalty, depending on the circumstances.
The Legal Process After Being Charged
Being arrested for a crime after acting in self-defense can feel overwhelming. Here’s what typically happens:
- Arrest and Booking: Police may arrest the person at the scene, especially if the facts are unclear or someone is seriously injured.
- Filing of Charges: Prosecutors review the case, decide whether to proceed, and determine what level of felony charges to file.
- Pretrial Hearings: The defense attorney can argue for dismissal under Stand Your Ground immunity or raise self-defense during motions.
- Trial: If the case proceeds, the prosecution must prove beyond a reasonable doubt that the defendant’s actions were not justified under self-defense law.
Possible Penalties for Self-Defense Cases
The penalties depend on the charge. Some examples include:
- Aggravated Assault: Up to 5 years in prison, a $5,000 fine, and a possible driver’s license suspension.
- Manslaughter: Up to 15 years in prison, with significant collateral consequences.
- Second-Degree Murder: Life in prison.
- Capital Felony (first-degree murder): Life imprisonment without parole or the death penalty.
Even first-time offenders can face severe penalties if a self-defense claim fails. The type of force used, the injuries sustained, and the defendant’s prior criminal history can all affect sentencing.
How Jonathan B. Blecher, P.A., Can Help
With decades of experience as both a former prosecutor and a criminal defense attorney, Jonathan B. Blecher understands how prosecutors build cases and how to dismantle them. His law firm provides:
- Thorough Case Evaluation: Reviewing the facts, the law, and the evidence obtained to identify strong defense strategies.
- Protection of Constitutional Rights: Ensuring your Fourth Amendment rights are not violated during the arrest process or investigation.
- Strategic Defense Representation: Arguing self-defense, Stand Your Ground immunity, or raising reasonable doubt at trial.
- Guidance for Clients and Families: Helping clients understand the criminal justice system, the legal consequences of the charges, and potential outcomes.
Jonathan B. Blecher, P.A., knows that being charged with a crime in a self-defense situation can threaten your freedom, your career, and your relationships. With experienced legal representation, individuals have a far better chance of achieving a favorable outcome, whether that means dismissal, a reduced charge, or acquittal.
Contact Jonathan B. Blecher, P.A., Today
Self-defense is a powerful protection under Florida law, but it is not an automatic shield from prosecution. Law enforcement and prosecutors will look at the circumstances, the level of force used, and whether the elements of self-defense are met.
If you or someone you love has been arrested after acting in self-defense, you should contact a defense attorney immediately. An experienced criminal defense lawyer, such as Jonathan B. Blecher, P.A., can evaluate your case, safeguard your rights, and fight for the best possible resolution. Contact Jonathan B. Blecher, P.A., today.
