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Stand Your Ground Laws in Florida

iStock_000004494041Small-150x150Like any Friday night in Florida, two friends are leaving a restaurant after a meal and a few drinks. Words are exchanged in the parking lot between your friend and some hot head. The hot head is pumped up; and likely on roids. Yes, he is juiced. Not to be deterred by the blonde muscle head, your friend says something back, one thing leads to another and a fight breaks out. Well, as luck would have it, your friend is on the losing end of the fist fight. The big muscle head guy is using your friend like a punching bag and doing burpees with him. Your friend is being viciously attached at this point, and you, his female date, are looking on in horror. To make matters worse, some of the muscle head’s friends are now gathering around and you begin to cry and ask the others to stop what was once a fight, but is now no more than a shellacking.

Instead of the fight being stopped, the friends of the muscle head egg him on and soon the boyfriend is being stomped. The girl standing there has had enough. She carries a .38 special in her purse, as her father insisted that she be armed when she is away from home. She raises the gun and fires one shot, right into the chest of the muscle guy, while he is standing over her boyfriend. The muscle head falls to the ground, as the round penetrates deeply into his broad chest. Center mass is how her father taught this young woman to shoot someone, if need be, and so she followed his advice and the muscle head is down on the ground and bleeding to death. The ambulance and Law Enforcement Officer’s arrive and the muscle head is pronounced dead from the gun shot wound and the young lady arrested and charged with murder.

The young lady cannot believe how her life changed in a matter of moments. The young lady went from having a successful floral career ahead of her to being locked up in the Palm Beach County Jail, Gun Club. The young lady who enjoyed walking her dog and having a glass of wine was now waiting on a judge to preside over her at First Appearance. The young lady who dreamed of a husband, children, a home and the thoughts of providing her parents with a grandchild had her hopes dashed, all over a date. She did not get up in the morning and think “I will go kill someone today.” It all happened in a matter of moments. She reflected on her day and thought, while delivering flowers and putting together arrangements for customers, I could not imagine I would have to raise my .38 special to protect my boyfriend. The thoughts of horror ran through her head as she sat in the Gun Club Jail awaiting First Appearance.

This woman met with a middle-aged criminal defense lawyer, and the lawyer explained a very important principle of law to this young lady: Stand Your Ground! The woman and her family meeting with the criminal lawyer seemed joyed to find a lawyer who actually believed in self-defense and who believed the young lady had every right, not only from man’s law but from Divine Right, to defend her boyfriend and herself with a firearm. Stand your ground is a very important piece of legislation in Florida. Florida’s Stand Your Ground Law, which is rooted in self-defense, allows you, like this young lady, to shoot someone, or kill them with any means possible if given the totality of the circumstances leading up to the attack, the appearance of danger was so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of deadly force.

So, this means, when looking at the “all of the circumstances” through the eyes of the Young Lady would a prudent cautious person also kill the attacker? If you answer yes to this question, you have a Stand Your Ground Defense.

The young lady quips, was I supposed to warn “I had a gun” and was going to use it? The answer is NO! Under Florida’s Stand Your Ground Law, there is no requirement that you have to warn anyone, even the attacker that you are armed or that you are about to use deadly force. Just as like you do not warn someone that you are punching them in the nose after they threaten you or begin doing bodily harm to you or another.

What is the proper court procedure, if charged with a crime, if I have a Stand Your Ground Defense? The proper procedure is to file a motion to dismiss the information or the indictment. Under the Florida Rules of Criminal Procedure a C-4 motion is the proper motion to dismiss under the defense of Stand Your Ground.  Florida Criminal Defense Attorney Andrew D. Stine has perfected the Stand Your Ground C-4 Motion and has provided his clients with a 100% trial win rate with issues of Self Defense.

West Palm Beach Criminal Defense Attorney Andrew D. Stine believes that citizens of Florida have a right to defend themselves with the use of a firearm from attacks but also have a right to defend others who are in harm’s way from an attacker. It may always be more prudent to get into your automobile and drive away from the danger or to get into your home and lock the door and wait for police to arrive, but make no bones about it, if you have the right to be where you are, the right to be doing what you are doing, and do not break the law or do something to precipitate the attack the use of Firearms to protect yourself and others is Statutorily promised by the Florida Legislatures through Stand Your Ground and will be vigorously defended by Criminal Layer Andrew D. Stine.

Lastly, the person using the firearm to Stand Their Ground must be able to lawful possess a firearm. Convicted Felons must not possess a firearm, so the convicted felon may not rely on Stand Your Ground in any factual scenario under the Florida Law of Stand Your Ground.

With over 10 years of experience in the courtroom, skilled and knowledgeable West Palm Beach Criminal defense attorney Andrew Stine knows what it takes to fight for you against a violent crime offense. The experience of Andrew D Stine, whether it is in the Federal Courts, State Courts, Appellate Courts, or throughout other Federal Courts where Attorney Stine has practiced, can be put to use in your favor if you or a loved one is facing criminal arrest.  For more information on what Andrew D. Stine, P.A. can do for your Palm Beach County or Florida Stand Your Ground Defense, call Andrew D. Stine, P.A. today and schedule your free initial case consultation.

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