Self-Defense Cases
Self-Defense Cases
Self-Defense and Weapon Offenses in Florida
In Florida, self-defense is a legally recognized justification for using force—even deadly force—under the right circumstances. When it comes to weapon-related offenses, this defense can be a powerful tool, but it must be carefully and convincingly argued. The state’s laws offer strong protections for individuals who act to defend themselves or others from imminent harm, especially under the “Stand Your Ground” statute found in Florida Statutes § 776.012 and § 776.013.
Florida’s self-defense laws allow individuals to use force, including the use of a firearm or other deadly weapon, if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to themselves or someone else. Importantly, under Stand Your Ground, there is no duty to retreat if the person is in a place where they have a lawful right to be. This means that if you are lawfully standing in your home, vehicle, or even a public area, and someone threatens you with serious harm, you can lawfully use a weapon to defend yourself without being required to flee.
However, in cases where someone is charged with a weapon offense—such as aggravated assault with a deadly weapon, improper exhibition of a firearm, or unlawful possession—the defense must prove that the use or display of the weapon was truly defensive in nature, not aggressive or premeditated. This often comes down to the facts: who initiated the conflict, whether there were threats, whether the defendant attempted to de-escalate, and if the force used was proportionate to the threat.
At trial, a pre-trial Stand Your Ground hearing can be held to determine whether the defendant is immune from prosecution. If successful, the case can be dismissed entirely without going before a jury. But these hearings are complex and require a strong legal showing, including evidence such as witness testimony, surveillance footage, or expert analysis.
Florida courts take weapon offenses seriously, but they also recognize that in a dangerous situation, defending oneself may be not only legal—it may be necessary. That’s why having a knowledgeable criminal defense attorney is essential. An experienced legal team, like Crag Chaderton Law, can frame the facts within the protections of Florida’s self-defense laws and fight to protect your freedom and your constitutional right to defend yourself.
Crag Chaderton Law’s Strategy for Self-Defense
Our legal strategy in self-defense and weapon offense cases is rooted in one clear principle: the right to defend yourself is protected under Florida law, and we will fight to ensure that right is upheld in court.
Our first step in building a defense is to conduct a thorough investigation of the facts, independent of the police report. We gather surveillance footage, 911 recordings, witness interviews, and any physical evidence that helps prove our client’s version of events. In many cases, we also secure expert witnesses—such as use-of-force analysts or firearms specialists—who can testify about how and why the weapon was used in a defensive, not offensive, manner.
Next, we carefully examine whether our client qualifies for immunity under Florida’s “Stand Your Ground” law (F.S. § 776.012 and § 776.032). If the evidence supports it, we promptly file a motion for immunity and request a pre-trial hearing. At this hearing, we present a detailed narrative that supports lawful self-defense—showing the defendant had a reasonable fear of imminent harm, was lawfully present, and used only the force necessary to prevent injury or death. If successful, the case is dismissed before ever reaching trial.
When a Stand Your Ground defense isn’t appropriate—such as in situations where retreat was possible or the facts are more complex—we shift to a traditional self-defense strategy under the theory of justifiable use of force. We focus on disproving criminal intent, challenging the prosecution’s timeline, and showing that the weapon was either not used unlawfully, or used under duress, fear, or necessity.
When a Stand Your Ground defense isn’t appropriate—such as in situations where retreat was possible or the facts are more complex—we shift to a traditional self-defense strategy under the theory of justifiable use of force. We focus on disproving criminal intent, challenging the prosecution’s timeline, and showing that the weapon was either not used unlawfully, or used under duress, fear, or necessity.
At Crag Chaderton Law, we believe in telling your full story. Florida’s self-defense laws are strong—but the justice system often fails to apply them fairly, especially in high-stress or fast-moving incidents. We make sure your voice is heard, your actions are understood in context, and your rights are fiercely defended. Whether you were defending yourself, your family, or your property, we’re here to protect you from criminal penalties and restore your good name.
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How to Prevent Weapons Charges in Florida
Understand what qualifies as a “deadly weapon”—it’s not just guns, but knives, bats, and even tools when used in a threatening way.
Learn the difference between open carry and concealed carry. Florida generally prohibits open carry, with limited exceptions.
If you carry a firearm, make sure you have a valid Concealed Weapon or Firearm License (CWFL), and keep it on you at all times while armed.
Always keep your gun license current and renew before it expires.
If transporting a firearm, follow Florida law by keeping it securely encased (e.g., in a glove box or case) and not readily accessible unless you’re licensed to carry.
Even if you're legally carrying, never brandish, wave, or show a weapon unless you are in immediate danger and acting in lawful self-defense.
Improper exhibition of a firearm is a misdemeanor or felony depending on the context—even if no one is hurt.
Weapons rights come with serious responsibilities. Understanding the law, acting with restraint, and avoiding reckless decisions are key to preventing criminal charges that can follow you for life. If you ever find yourself under investigation or facing accusations related to a weapon, our firm is ready to act fast and fight hard to defend you.
Facing Weapon Charges in Florida? Crag Chaderton Law Can Help.
Whether it’s carrying a concealed weapon without a permit, brandishing a firearm, or being accused of aggravated assault with a deadly weapon, the consequences are severe—felony convictions, mandatory prison time, and a permanent record.
Don’t wait. Call Crag Chaderton Law today for a confidential consultation.
Your defense starts now.