Contact Us

How Does Louisiana’s Stand Your Ground Law Compare to the Florida Law?

Justice is served
ScalesofJustice iStockphoto-89481726

You might be wondering how Louisiana’s “Stand Your Ground” Law compares to the law in Florida. You can see for yourself:

Louisiana’s Stand Your Ground Law:

Justifiable homicide

A.  A homicide is justifiable:

(1)  When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2)  When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention.  The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3)  When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a)  When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.

(b)  The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B.  For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1)  The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2)  The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C.  A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.

D.  No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.

FLORIDA’S STAND YOUR GROUND LAW

Use of force in defense of person.—776.012

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

He or she reasonably believes that such force is necessary to prevent imminent(1) death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or Under those circumstances permitted pursuant to s. 776.013.(2)

Home protection; use of deadly force; presumption of fear of death or great bodily harm

A person is presumed to have held a reasonable fear of imminent peril of death(1) or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

The person against whom the defensive force was used was in the process of unlawfully(a) and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

The person who uses defensive force knew or had reason to believe that an unlawful(b) and forcible entry or unlawful and forcible act was occurring or had occurred.

The presumption set forth in subsection (1) does not apply if:(2) The person against whom the defensive force is used has the right to be in or(a) is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

The person or persons sought to be removed is a child or grandchild, or is otherwise(b) in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

The person who uses defensive force is engaged in an unlawful activity or is(c) using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

The person against whom the defensive force is used is a law enforcement officer,(d) as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

A person who is not engaged in an unlawful activity and who is attacked in any(3) other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

A person who unlawfully and by force enters or attempts to enter a person’s dwelling,(4) residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

Immunity from criminal prosecution and civil action for justifiable use of776.032 force.—

A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031(1) is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

A law enforcement agency may use standard procedures for investigating the use(2) of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

The court shall award reasonable attorney’s fees, court costs, compensation for(3) loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Use of force by aggressor.—776.041

The justification described in the preceding sections of this chapter is not available to a person who: Is attempting to commit, committing, or escaping after the commission of, a forcible(1) felony; or Initially provokes the use of force against himself or herself, unless:

(2) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

In good faith, the person withdraws from physical contact with the assailant(b) and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

Here’s a list of state’s with Stand Your Ground Laws.

 

More from 710 KEEL

Best of the Web

Leave a Comment

It appears that you already have an account created within our VIP network of sites on . To keep your points and personal information safe, we need to verify that it's really you. To activate your account, please confirm your password. When you have confirmed your password, you will be able to log in through Facebook on both sites.

Forgot your password?

*Please note that your points, prizes and activities will not be shared between programs within our VIP network.

It appears that you already have an account on this site associated with . To connect your existing account with your Facebook account, just click on the account activation button below. You will maintain your existing profile and VIP program points. After you do this, you will be able to always log in to http://710keel.com using your Facebook account.

*Please note that your points, prizes and activities will not be shared between programs within our VIP network.

Please fill out the information below to help us provide you a better experience.

Register on News Radio 710 KEEL quickly by logging in with your Facebook account. It's just as secure, and no password to remember!

Not a Member? Sign Up Here.

Sign up for an account to comment, share your thoughts, and earn points to get great prizes.

Register on News Radio 710 KEEL quickly by logging in with your Facebook account. It's just as secure, and no password to remember!