Understanding Florida’s Stand Your Ground Law
Florida’s Stand Your Ground law is infamous across the country. It is one of the most widely discussed laws in the United States. Unfortunately, it’s misunderstood. Many people believe that it gives you a license to kill. It doesn’t. What it does do is remove your duty to retreat if you are under threat. In this article, the Tallahassee, FL, criminal defense lawyers at Luke Newman, P.A., will discuss the rule and how it works.
What does the law say?
Under Florida Statutes § 776.012, a person is justified in using deadly force if they reasonably believe that force is necessary to prevent their own imminent death or great bodily harm to themselves, another, or to prevent the commission of a forcible felony. The important thing to understand is that the individual who is under threat has no duty to retreat from the matter. In some other states, a person would have a duty to retreat. If you are attacked in a place where you have a legal right to be, you can “stand your ground.”
The Florida law grants immunity from arrest or prosecution if the use of force is legally justified. That means a person who successfully invokes a Stand Your Ground defense can avoid a trial altogether.
Common misconceptions about Stand Your Ground
Some people erroneously believe that the Stand Your Ground statute gives you a license to kill. That’s not true. The law basically requires an individual to fear death or serious bodily harm. That threat must be reasonable and imminent. If the threat has passed or if the threat is unreasonable, the defense might not apply.
Another misunderstanding is that the law protects anyone who claims self-defense. This is also not true. In reality, courts will carefully evaluate the circumstances, including the actions of both parties, witness testimony, and forensic evidence, before the court will grant immunity.
How does a Stand Your Ground defense work?
When a defendant raises a Stand Your Ground claim, the court will hold a pretrial evidentiary hearing. During the hearing, the judge (not a jury) will decide whether the defendant is entitled to Stand Your Ground immunity. If the judge rules in favor of the defendant, then the case is over, and the defendant can go home. If not, the defendant can still argue self-defense at trial, but a jury will decide if they were in the right.
If you raise a Stand Your Ground defense, the burden of proof shifts to the prosecution. In other words, the prosecutor, not the defendant, must now prove by clear and convincing evidence that the use of force was not justified.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of those who have been charged with a serious crime in Florida. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
