Stand Your Ground in Florida: When Self-Defense Becomes a Criminal Case

Stand Your Ground is one of the most debated self-defense laws in the State of Florida. Many people know the term, but they might be unsure about how the law functions and its proper application. There are instances where those who claim self-defense will still be arrested and charged with a crime even after claiming self-defense.

If you are facing charges involving a self-defense case, then learning about Florida’s self-defense laws is essential.

What is Florida’s Stand Your Ground law?

Florida’s Stand Your Ground law permits someone to employ force, even deadly force, in certain instances, where there is reasonable cause to believe that it is necessary to protect oneself from imminent death, great bodily harm, or the perpetration of a forcible felony.

Unlike other states where a duty to retreat exists prior to resorting to the use of force, the State of Florida does not have such a requirement, and hence one could justifiably defend themselves without having to retreat from their position.

Nevertheless, it is imperative to note that despite such provisions in the law, it does not mean that a person can employ force at will.

When self-defense leads to criminal charges

Arrests can be made even if one party believes they were defending themselves. In most cases, police arrive after the situation has happened, and they have to act based on witness reports, evidence, and the nature of the injuries.

Examples where one is likely to invoke self-defense include instances of:

• Aggravated battery
• Assault using a dangerous weapon
• Cases of domestic violence
• Brawls at the bar
• Firearms misuse

Should the investigating officers consider the level of force to be excessive or not justified, then criminal charges may be brought against that person regardless of the claim of self-defense.

How Stand Your Ground hearings work

Those who raise Stand Your Ground defenses must go through an immunity hearing. Here, your defense attorney will have the opportunity to request the dismissal of criminal charges against you based on a Stand Your Ground defense.

Both parties can produce documents and even videos concerning the incident during the hearing. The charges can even be completely dropped if the judge finds that the defendant was justified in the use of force.

Immunity hearings could be very important in violent crime cases because they avoid a full-scale criminal trial for the defendant.

Common issues prosecutors raise 

Prosecutors may try to frame the individual claiming self-defense under Stand Your Ground as actually the aggressor. Alternatively, they can claim that the amount of force applied was unreasonable.

The use of social media sites, text messages, threats made previously, and statements by witnesses may all play a vital role in such cases. There have also been instances where the prosecution tries to prove that there were ways for the accused to escape the situation.

As such, self-defense cases rely heavily on credibility and evidence.

Talk to a Tallahassee, FL, Criminal Defense Lawyer Today

Luke Newman, P.A., represents the rights of the accused in criminal defense cases involving assault, battery, and other violent felonies. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.