Understanding Florida's Self-Defense and Vehicular Homicide Laws in Protest-Related Incidents
As a criminal defense attorney in Florida, I've had plenty of clients come to me after finding themselves in impossible situations—trapped in fear, reacting to chaos, then suddenly facing life-changing criminal charges. If you've watched the news lately, you've probably seen comments from Governor Ron DeSantis suggesting that Florida drivers may have the right to hit protesters who surround their vehicles. But don't be misled: just because a politician says it on a podcast doesn't mean you won't get arrested, charged, and prosecuted.
Let's clear the air about what Florida law really says—and why you absolutely need an experienced private attorney if you're involved in this type of incident.
What the Law Says About Using Force With a Vehicle
Florida law does recognize your right to defend yourself. That principle is laid out clearly in Florida Statutes § 776.012(1):
"A person is justified in using, or threatening to use, force… when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself… against the other's imminent use of unlawful force."
If you're in fear that your life is in danger, Florida law allows you to use force in response—but that's not a blank check to hit someone with your car. The force must be "reasonable" and proportional to the threat. Driving into a crowd might be seen as excessive unless you can prove that you had no other way to protect yourself or escape.
In these situations, the legal standard comes down to reasonableness. That's a judgment call made by the police, prosecutors, and potentially a jury.
The "Stand Your Ground" Law Does Not Guarantee Immunity
Florida's Stand Your Ground law is often misunderstood. People believe it gives them total immunity. That's not how it works. Under Florida Statutes § 776.032, a person who uses force in self-defense may petition the court for immunity from criminal prosecution, but they must prove their actions were legally justified.
If you hit a protester with your car, police aren't going to just let you go because you say you felt threatened. You will likely be investigated. You may be arrested. And without a skilled defense attorney arguing your case early, you may face serious charges—even if your actions were legally justified.
Vehicular Manslaughter and Aggravated Battery Charges Are Real Risks
If a person is seriously injured or killed after you use your vehicle to flee a crowd, you could be charged with:
Vehicular Manslaughter – Florida Statutes § 782.071
"The killing of a human being by the operation of a motor vehicle… in a reckless manner likely to cause the death of, or great bodily harm to, another."
Even if you were scared, if prosecutors believe you acted recklessly, this charge can be filed. It's a second-degree felony, punishable by up to 15 years in prison.
Aggravated Battery with a Deadly Weapon – Florida Statutes § 784.045(1)(a)(2)
"A person commits aggravated battery if the person… uses a deadly weapon."
A car is a deadly weapon under Florida law. This charge is a second-degree felony with serious prison exposure.
You can't rely on public statements from elected officials to protect you from charges like these. If you're ever involved in an incident like this, your only shield is a strong legal defense—and that starts with calling a private attorney immediately.
An Example Case: Protest Incident Resolved Without Charges
A Tampa man was driving home late at night when his car was surrounded by protesters. He honked and tried to reverse, but the crowd only grew. After a bottle was thrown at his windshield, he panicked and inched forward, hitting one protester who had stepped in front of the car. That person fell but wasn't seriously injured.
Police detained him at the scene and took his statement. Thankfully, he called an attorney before making any other comments.
His attorney worked quickly to gather dashcam footage, social media videos from the protest, and medical records. His legal team also conducted a forensic evaluation of his vehicle to show minimal impact. The attorneys presented a pre-filing defense to the State Attorney's Office, showing that the Tampa driver acted out of legitimate fear, attempted to avoid the incident, and never accelerated in a reckless manner.
The State ultimately declined to file charges.
Had he not contacted an attorney immediately, he could've been booked, had his name splashed across the media, and faced felony battery or even attempted manslaughter charges.
Defenses Available in Protest-Related Roadway Incidents
If you're accused of harming a protester while trying to drive away, these are the defenses we may raise depending on your specific facts:
1. Justifiable Use of Non-Deadly or Deadly Force – § 776.012 - We would argue that your actions were proportionate to a real and imminent threat, and you had no safe way to retreat.
2. Necessity Defense - Florida allows a necessity defense when someone commits an illegal act to avoid a greater harm. If you believed hitting someone was the only way to avoid serious injury or death, this may apply.
3. Lack of Intent - Most of these charges require intent or recklessness. We may argue that any contact was accidental and not due to criminal negligence.
4. Stand Your Ground Immunity Hearing - In appropriate cases, we can request a pre-trial immunity hearing under § 776.032 to seek full dismissal of charges.
These defenses are complex. Prosecutors will often claim you had other options or that your fear wasn't reasonable. That's why you need a private attorney who can act fast, collect evidence, and make your case early—before formal charges are filed.
Why You Need a Private Defense Attorney Immediately
If you're being investigated for an incident involving a protest, don't wait. Don't speak to the police without counsel. Don't assume the law is on your side just because of something you heard on the news.
Public defenders can be excellent lawyers—but they're assigned only after you're formally charged. By then, it may be too late to influence the investigation. A private attorney can:
- Talk to law enforcement and prosecutors before charges are filed
- Collect video evidence from the scene quickly
- Bring in experts to reconstruct the scene if needed
- Help you assert your rights while protecting your public image
The sooner you have legal protection, the stronger your position becomes.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
Protest Self Defense Law in Florida Frequently Asked Questions
Can I really hit a protester if I'm scared for my life?
Florida law does allow self-defense if you reasonably believe you're in imminent danger. But using your car as a weapon is considered deadly force. That means you must show that your fear was not just real—but legally justified. You'll still be investigated. You may be arrested. And you'll need an attorney to argue your side effectively. It's not as simple as saying you were scared. The law looks at the details, including your actions before and after the incident.
What if I didn't mean to hit someone? I just panicked.
Intent matters. If the contact was accidental and occurred while trying to escape a threatening situation, that may form part of your defense. We've handled cases where clients tried to drive slowly or swerve around people but accidentally made contact. In those cases, proving lack of intent—and showing fear or necessity—can be the difference between charges being filed or not. Don't explain your panic to the police without a lawyer. Let us do that for you.
Can I use Stand Your Ground if I'm in my car?
Yes, in some situations. Florida's Stand Your Ground law does not require you to retreat if you're lawfully present and facing an imminent threat. But you must still prove that your use of force was justified. Using a vehicle is viewed as deadly force. That means the bar is high. Police and prosecutors often dispute whether the threat was "imminent" or whether there were safer options available. That's why you need an attorney to make that argument for you at a pre-trial hearing.
Will I go to jail even if it was self-defense?
You could. Even if you were legally justified, the police may not see it that way. You may be arrested on the spot. Charges could follow. Self-defense doesn't mean you won't face prosecution—it means you have a defense once charges are filed. If you call a private defense lawyer right away, we can often work to prevent charges from ever being filed. That early intervention is crucial and can save you from months—or years—of legal stress.
What should I do if I get caught in a protest while driving?
The best thing you can do is stay calm. Do not exit your vehicle. Lock your doors and call 911. Document the scene with your phone if it's safe to do so. Avoid confrontation. Only move your vehicle if you truly feel your life is in danger, and only use the minimal force necessary to escape. And most importantly, if an incident does occur, call a private criminal defense attorney before talking to law enforcement.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.