Florida’s Stand Your Ground Law
What is Florida’s “Stand Your Ground” Law?
Chapter 776 of the Florida Statutes covers the Florida Justifiable Use of Force Law, or the “Stand Your Ground” law. This law gives people the right to use or threaten force, including deadly force, when there is reasonable belief of death or imminent bodily harm. Interestingly, you have no duty to retreat prior to using force against another. So, if you have the legal right to be somewhere and there is a threat, you can “stand your ground” or use force to defend yourself, your property, or even another person.
How Do I Raise My Right to “Stand My Ground”?
Your SWFL Criminal Defense Attorney will consult with you on whether a Motion is appropriate for your case, and the pros and cons of filing such a motion. This motion is called a Motion for Immunity from prosecution under F.S.S. § 776.032.
Many people believe that this law means you cannot be arrested or charged. This is false. Often, the primary aggressor is not arrested, and evidence of innocence arises after arrest. However, if you act violently first, engage in criminal activity, instigate the attack, or apply force towards a law enforcement officer, this immunity will probablly not apply. Again, the court considers the immediacy of the danger; it must be imminent.
The statute also applies to defense of others and defense of property. Your SWFL Criminal Defense Lawyer will walk you through which arguments are most strategic depending on the facts of your case. Your lawyer should also gather and disclose any evidence and witnesses who may testify on your behalf.
What Happens at a Stand Your Ground Hearing?
Your Fort Myers Criminal Defense Attorney should consult with you on what will happen at the motion hearing. This takes place before trial, and the decision on the motion is made by the Judge, not by a jury. At the hearing, the State has the burden of proving by clear and convincing evidence that the immunity should not apply.
Both sides may present witness testimony, video evidence, and oral arguments. All of this goes into the Court’s decision on whether immunity will be granted.
If the Judge Rules Against Me, Will I Go to Jail That Day?
If the motion is denied, you still have the right to go to trial or accept the State’s plea offer, if there is still a plea offer on the table. Sometimes, State Attorneys will revoke a plea offer if a motion hearing is set. The Judge will not take you into custody at the hearing unless other circumstances arise; examples include, you have an outstanding warrant, you commit a crime in the courtroom, or you act in contempt of court.
What Happens If I Win?
If the court decides to grant immunity, the case is dismissed with prejudice. When a case is dismissed with prejudice, the prosecution is barred from filing charges again for this incident. A dismissal with prejudice may also help collateral matters, such as violations of probation related to the new law crime.
The above article is published for purely informational purposes, and is not and should not be considered legal advice, or a representation of appearance, retainment, or any other type of attorney-client relationship.
“Chapter 776 - 2018 Florida Statutes - the Florida Senate.” Flsenate.gov, 2018, www.flsenate.gov/Laws/Statutes/2018/Chapter776/All.
National Conference of State Legislatures. “Self Defense and “Stand Your Ground.”” Www.ncsl.org, NCSL, 9 Feb. 2022, www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground.