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Self-Defense: Defense of Property

Posted by attorney Robert Sunner

According to Florida Statute 776.031, the use of force- except deadly force- is justified to protect a person's property based upon reasonable belief that such conduct is necessary to prevent or terminate tortious or criminal interference with the property. The property must be in the lawful possession of the actor or her family. Deadly force is not justified absent a reasonable belief that such force is necessary to prevent the imminent commission of a forcible felony. As noted in a previous post, a person has no duty to retreat if she is in a place where she has the right to be.

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