Self-Defense And Florida’s Stand Your Ground Law
Florida’s Stand Your Ground law allows individuals to use force, including deadly force, to defend themselves if they reasonably believe they are in imminent danger. Unlike traditional self-defense laws, there is no duty to retreat before using force. This law is designed to protect individuals who act in self-defense from both criminal prosecution and civil lawsuits.
One of the most well-known cases involving this law was the 2012 shooting of Trayvon Martin by George Zimmerman. Zimmerman claimed self-defense, was acquitted of criminal charges and later invoked Stand Your Ground immunity in a civil lawsuit.
The defense attorney of Schwartzreich & Associates, P.A., Eric Schwartzreich, is eminently experienced in this area of law, has lectured on the topic and has successfully defended hundreds of Fort Lauderdale cases.
How Stand Your Ground Can Be Used As A Defense
Those charged with a violent crime after acting in self-defense may file a Stand Your Ground motion to dismiss the charges. A hearing is then held, where the burden of proof shifts to the defense to show that self-defense was justified by a preponderance of the evidence. If successful, the case may be dismissed. If not, it proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt.
It is important to understand that a successful Stand Your Ground defense grants immunity from criminal prosecution, but civil lawsuits are different. While an acquittal strengthens immunity from civil liability, it does not always prevent a wrongful death or personal injury lawsuit.
Frequently Asked Questions On Self-Defense and the Stand Your Ground Law
Florida’s Stand Your Ground law gives individuals the right to defend themselves without having to retreat when faced with an immediate threat.
This law expands traditional self-defense principles and can provide immunity from prosecution in certain situations.
What is Florida’s Stand Your Ground law?
This is a self-defense statute that removes the legal obligation to retreat before using force if a person reasonably believes such force is necessary to prevent imminent death, great bodily harm or the commission of a forcible felony. This law applies as long as the individual is lawfully present in the location where the incident occurs.
Under traditional self-defense laws, a person had a duty to retreat, if possible, before using deadly force. However, Stand Your Ground eliminates that requirement, allowing individuals to defend themselves immediately when threatened. If a person successfully invokes a Stand Your Ground defense, they may be immune from criminal prosecution and civil liability.
How do I prove self-defense under Florida’s Stand Your Ground law?
To prove self-defense under Florida’s Stand Your Ground law, the individual must demonstrate that they had a reasonable fear of imminent death or great bodily harm. The law requires showing that the threat was immediate and that using force was a necessary response.
In Stand Your Ground hearings, the burden of proof initially falls on the defendant to establish that self-defense applies. If the claim is valid, prosecutors must prove beyond a reasonable doubt that the use of force was unlawful.
Are there any limitations to claiming self-defense under the Stand Your Ground law?
Yes, there are limitations to invoking Stand Your Ground. A person cannot claim self-defense if they were the initial aggressor, which means they started or provoked the altercation unless they attempted to withdraw from the conflict.
The law only applies when the person is lawfully present in the location where the incident occurs. It does not protect individuals engaged in illegal activities at the time of the incident. Each case is fact-specific, and courts will scrutinize the circumstances before granting immunity.
These Cases Are Complex – Call To Strengthen Your Defense
Stand Your Ground cases defense cases require strong legal arguments and evidence. A skilled lawyer can help build an effective defense, present evidence and argue on your behalf in court.
If you have been charged with a violent crime, a Stand Your Ground defense may be within your reach. Call Mr. Schwartzreich in Fort Lauderdale today at 954-525-8000 or contact him online to discuss your options in detail.