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How Can Florida’s Stand Your Ground Law Be Used to Defend Yourself Against Violent Crime Charges?
Since its ratification in 2005, Florida’s Stand Your Ground Law has sparked national debate about its implications for justified self-defense cases. This law substantially protects Florida citizens’ right to defend themselves and those around them during potentially life-threatening situations. If you have been charged with a violent crime after using force against an individual who was threatening you, attacking you, or trespassing on your property in a manner that made you fear for your immediate safety, you should reach out to a knowledgeable criminal defense attorney immediately to discuss your legal options. Depending on the circumstances of your case, you may be able to get the charges dismissed before your trial ever begins and obtain immunity from prosecution and civil action by invoking the Stand Your Ground Law.
What are the Key Provisions of Florida’s Stand Your Ground Law?
Section 776 of the Florida Statutes contains laws defining the justifiable use of force in various situations, also known as the Stand Your Ground law. Some of the essential points that constitute this law and differentiate it from other self-defense laws across the country are as follows:
- Removes the duty to retreat: Previous Florida self-defense laws obliged individuals to retreat from dangerous situations, if they could, as an alternative to using deadly force. Under this law, individuals have the right to stand their ground and use force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others. Force may also be used to stop the commission of a forcible felony.
- Applies in various situations: Unlike the “Castle Doctrine,” which generally only applies to your home or property, Stand Your Ground law is applicable anywhere you have the right to be, including public spaces.
- Outlines exclusionary circumstances: The state statutes specify instances where individuals cannot legitimately claim self-defense. For example, the Stand Your Ground law does not apply if you used force during the commission of a criminal activity or if you acted against a police officer or other individual who was legally performing the duties of their job. You also typically cannot invoke this law if you provoke the confrontation with the aggressor, although certain exceptions exist.
What is the “Reasonable Fear” Standard for Using this Defense?
The core of a Stand Your Ground case lies in establishing that a defendant had a “reasonable fear” of imminent danger to their life or the lives of those around them before they used force against an aggressor. The assessment of “reasonable fear” depends on two key factors:
- The person’s subjective perception of the threat: The law looks at the defendant’s personal evaluation of the danger and whether they reasonably believed using force was necessary at that time.
- An objective assessment of the totality of the circumstances: The court must also evaluate the reasonableness of the defendant’s belief based on a careful investigation of the full context and situation.
The reasonableness of the defendant’s fear does not solely rest upon the actual danger presented by the situation but also the defendant’s assessment of the threat. For example, imagine that a defendant used deadly force after being threatened by an assailant who claimed they had a gun and were going to shoot them. However, police later discovered the individual only had a toy gun. Even though it turned out there was no actual threat to the defendant’s life, their fear and actions may be considered justifiable based on the information they had at the time.
What is the Process for Filing a Motion to Invoke Florida’s Stand Your Ground Law?
A unique feature of Florida’s Stand Your Ground law is that it allows defendants claiming self-defense to engage in pretrial immunity hearings. If the court determines during these hearings that the defendant acted with justifiable force within the parameters of the law, the case against them may be dismissed. This aspect of the law aims to prevent the unnecessary financial harm of a lengthy trial on defendants whose cases convincingly show justification for their defensive actions.
To schedule a pretrial immunity hearing, the defendant must file a motion with the court asserting their immunity under the Stand Your Ground law. While it is most common to invoke this law before or at arraignment, the state’s courts have held that this motion is a fundamental ground and is not subject to the standard time limits imposed on a usual motion to dismiss. Therefore, a defendant can file the motion to seek immunity from prosecution at any time during the trial.
After the motion is filed, the court will hold an evidentiary hearing. At this hearing, the defendant must present a prima facie claim of self-defense immunity. Following a 2017 amendment to the law, the burden of proof in these hearings has been shifted onto the prosecution. Now, the prosecution must prove by clear and convincing evidence that the defendant’s use of force was unlawful and not justified under Stand Your Ground.
If the court finds the defendant is entitled to immunity, the criminal case against them will be dismissed. If the defendant is not eligible for immunity from prosecution, the trial will proceed. However, the defendant can still cite self-defense as an affirmative defense against the charges.
Why is it Essential to Consult an Experienced Florida Criminal Defense Lawyer?
Proving self-defense under Florida’s Stand Your Ground law can require extensive legal knowledge and persuasive evidence. Enlisting the help of a seasoned criminal defense lawyer in the early stages of your case can provide crucial representation, guidance, and protection of your rights during every phase of the legal proceedings. If you or a loved one are involved in a potential self-defense case, contact DeMichael Law today at 863-216-1831 to schedule a free consultation.
