Jax Self-Defense & Carjacking FAQs

Navigating a carjacking is a terrifying experience. In Jacksonville, it is critical to know your rights before a crisis occurs.


Below are answers to the most common questions regarding the use of force in your vehicle under Florida law.

1. What is the difference between "Stand Your Ground" and the "Castle Doctrine"?

While both laws remove the "duty to retreat," they apply in different ways:


  • Stand Your Ground: Applies anywhere you are lawfully present (like a parking lot or a park). You can use force if you reasonably believe it is necessary to prevent death or a forcible felony.



  • Castle Doctrine: Specifically applies to your home and occupied vehicle. It provides a "presumption of fear," meaning the law automatically assumes you were in fear for your life if someone is forcibly entering your car.

2. Do I have to try to drive away before defending myself?

No. Under Florida Statute 776.013, you have no duty to retreat from your occupied vehicle. You are not legally required to attempt to drive away, speed through a red light, or flee before using force to protect yourself or your passengers from an unlawful intruder.

3. When is the use of deadly force justified during a carjacking?

In Florida, you are justified in using deadly force if you reasonably believe it is necessary to prevent:


  1. Imminent death or great bodily harm to yourself or others.
  2. The imminent commission of a forcible felony, such as carjacking, kidnapping, or robbery.

4. Does the "Presumption of Fear" apply if my windows are down?

Yes. As long as the vehicle is occupied and the intruder is attempting to enter unlawfully and by force (such as reaching through a window to grab you or the steering wheel), the legal presumption of fear typically applies.

5. Can I defend myself if the person is a family member?

The Castle Doctrine protections (the presumption of fear) generally do not apply if the person attempting to enter the vehicle has a legal right to be there, such as a co-owner or a legal guardian. In these complex domestic situations, the standard "Stand Your Ground" rules of reasonable fear would apply instead.

Comparing Your Protections

Feature

Duty to Retreat?

Legal Status

Presumption of Fear?

Force Allowed?

In a Parking Lot (Public)

No

Stand Your Ground

No (Must be proven)

To stop a forcible felony

Feature

Duty to Retreat?

Legal Status

Presumption of Fear?

Force Allowed?

Inside Your Occupied Car

No

Castle Doctrine

Yes (Automatic by law)

To stop a forcible entry

6. Will I be arrested if I defend myself?

Even if you acted lawfully, police in Jacksonville may still detain you or make an arrest while they investigate the "totality of the circumstances." This is why having an attorney is vital.


Florida law provides for a Pre-trial Immunity Hearing, where your lawyer can argue that you are immune from prosecution, potentially getting your charges dismissed before a trial even begins.


| Don't Leave Your Defense to Chance

If you have been involved in a self-defense incident in Duval, Clay, or St. Johns County, the Law Office of Irvin Daphnis is here to protect your future. Self-defense is an affirmative defense—it must be argued skillfully to stand up in court.