I received an email question regarding the use of deadly force when a garage separate from the home was being burglarized. The question asked whether deadly force could be used. Of course, a burglary is a "forcible felony" under Florida law -- but that in itself does not authorize the "use" of deadly force. Here's the question and my response:
Question:
I've read your book, it's very informative and easy to understand, one question i have though is, i own and live on acres, fenced in, we leave the gate open at night, if i wake up in the middle of the night to someone in my detached garage (aprox. 40ft from house) robbing (sic: "burglarizing") me is that probable cause for deadly force?
Response:
No. It is certainly the basis to be armed and threaten the use of deadly force if they don't surrender or leave . . . but actual discharge of a firearm still requires a reasonable fear of imminent death or great bodily harm caused by some action of the culprit(s) that would make a reasonable man in your position believe he was about to be attacked with deadly force -- or -- it is both reasonable AND necessary for you to use deadly force in order to stop the completion of the forcible felony (burglary), and a lesser way of ending it does not exist, nor does it appear that there is an alternative reasonable way of being able to stop it. All of this is because anything that is not "reasonable" is "excessive" -- and the use of "excessive force" is unlawful, and normally a felony.
Reread the last three chapters on self defense and it will become more clear. Every time you reread them -- you'll see it more clearly, and understand it better. Several instructors who use the book tell me they read it five or more times a year, just so the concepts remain clear and stick. It's not something you can just read once -- and absorb in one sitting. Deadly force is deadly serious stuff. A mistake can wind you up in jail -- even if you were legitimately trying to protect your property. Your "use" of force cannot be "excessive" to the situation.
Hope that helps.
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