The fatal shooting of unarmed teenager Trayvon Martin by volunteer George Zimmerman in 2012 put Florida`s “stand your ground” law under national scrutiny. Zimmerman was acquitted of second-degree murder. According to Florida law, “[a] person who does not engage in any illegal activity and who is attacked in another place where he has the right to do so is not obliged to retreat and has the right to assert himself and to counter violence with violence, including lethal force, if it reasonably believes that it is necessary. to prevent death or serious bodily harm to oneself or others, or to prevent the commission of a violent crime. § 776.013(3), Fla. Stat. (2007). In the taking of evidence, the trial court considers the issues of fact in dispute and must decide on the predominance of the standard of proof. The court may either drop the charges or allow the prosecution to continue. The right to assert oneself means that there is no obligation to back down. A withdrawal obligation generally refers to the idea that a person who has the opportunity to avoid potential harm should take advantage of this opportunity. However, according to Florida`s Stand-Your-Ground Act, there is no obligation to opt out. Thus, even if a person who ultimately used lethal force had the opportunity to escape the situation before using lethal force, it is not necessary that he or she attempted to escape in order to invoke the defence.
“Stand firm” applies in situations where a person has clear reasons to believe that they will be a victim of serious violence, but certain restrictions are set by law. The Stand-Your-Ground Act is a legal defense classified as justified use of force in Florida (“self-defense”). The law states that a person in his or her occupied home, home or vehicle has the right to assert and to use or threaten to use lethal force if he or she has reason to believe that such violence is necessary to prevent imminent death, grievous bodily harm or the commission of a violent crime. In the criminal context, our Stand Your Ground law was recently amended to place the burden of proof on the prosecution – through clear and convincing evidence – that an accused is not entitled to immunity. § 776.032(4), Florida. In Florida and across the country, stand-your-ground laws encourage people to shoot first and ask questions later. In 57% of Shoot First cases in Florida, there was clear evidence that the person invoking the Shoot First Act could have safely withdrawn to avoid confrontation. In only 15% of cases, the evidence clearly suggests that he might not have been sure to withdraw to avoid conflict. The victims of these conflicts were unarmed 63% of the time.26Chris Davis, “Florida`s Stand Your Ground Law,” Tampa Bay Times, June 3, 2012, bit.ly/3c1KZub.
And about three in five people in Florida who claimed that Shoot First had already been arrested before killing someone and invoking the law, with about a third of those defendants having already been arrested for serious crimes such as assault and robbery.27 Humburg, “Many murderers who are released.” The Shoot First laws, also known as the Stand Your Ground laws, as noted by the president of the Association of Prosecuting Attorneys, “provide safe havens for criminals and prevent prosecutors from prosecuting those who claim to defend themselves after needlessly killing or injuring others.” 28 David LaBahn, “`Stand Your Ground` Laws: Civil Rights and Public Safety Implications of the Expanded Use of Deadly Force,” § Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Human Rights (2013), bit.ly/38rrqrW. Under Florida law, prosecutors can determine that a person who asserts himself is immune from criminal and civil liability. If the prosecutor determines that your defence does not apply, it becomes the defendant`s duty to raise the defence. Once the accused has proven all the elements of the defence, it is up to the prosecution to prove with clear and convincing evidence that the accused was NOT steadfast. Everytown Research & Policy is a program of the Everytown for Gun Safety Support Fund, an independent, nonpartisan organization dedicated to understanding and reducing gun violence. Everytown Research & Policy strives to conduct methodologically rigorous research, support evidence-based policy, and communicate that knowledge to the U.S. public. If you are entitled to immunity under Florida law § 776.032, Florida`s “Stand Your Ground” law, you may request a dismissal of the charges against you.
Traditional self-defense laws are enough to allow people to be safe and value the lives of others, even in potentially dangerous situations. We must stand firm, if only to reject proposals that give people a free license to shoot and kill. If the rejection of a request for rejection of your immunity is submitted to this court after evidence has been gathered, “a prohibition decision is the right way to challenge the rejection of the application”. Rosario v. State, 165 So.3d 852, 854 (Fla. 1st DCA 2015) (citing Mederos v. State, 102 Sun.3d 7, 11 (Fla. 1st DCA 2012)). Dade City & Zephyrhills firearms lawyers at Mander Law Group can help you protect your legal rights. We can help you avoid severe penalties.
Schedule a free consultation today by filling out the online form or by calling (800) 557-0411. To raise the defence, a person must have reasonable grounds to believe that imminent death or serious bodily harm is imminent.