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Florida’s Stand Your Ground Law Could Be Strengthened

The ‘Stand Your Ground Law’ is a very controversial law that has come into the spotlight in recent years. In many states, the law allows people to stand their ground and use deadly force as a means of self protection. The Stand Your Ground Law In Florida Florida was the first state in America to pass a stand-your-ground law 12 years ago and since, 34 other states have followed in their tracks. Currently, the stand-your-ground law in Florida states that residents are allowed to use force as a method of self-defense if they feel as though their lives are in danger. Defendants can opt for immunity under the current law as long as there is evidence present. The state of Florida has just passed measures that would bolster the law, taking… […]

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Stand Your Ground Laws in Florida

Stand Your Ground Laws in Florida

Like 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… […]

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Stand Your Ground Expanded In Florida

Stand your ground takes another step up, as the Appellate court holds that a Floridian has no duty to retreat under Stand Your Ground Laws. Whether or not the shooter was engaged in unlawful activity at time of the shooting, does not matter, wherein Stand Your Ground law contains no requirement that the person claiming protection under the statute not be engaged in “unlawful activity.” This body of law arose out of the opinion of State of Florida v. John Dorsey, — So.3d —-, 2014 WL 4996171 (4th DCA Fla2014); a Palm Beach County Case, where trial Judge Charles Burton unlawfully charged the jury, thereby taking away the rights of Mr. Dorsey guaranteed to him by the Second Amendment of the United States Constitution, Article I, Section 8, of the… […]

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Division in the Stand Your Ground Law Forum in Fort Lauderdale

Division in the Stand Your Ground Law Forum in Fort Lauderdale

Senator Chris Smith, D-Fort Lauderdale,invited members of the public to an open forum Wednesday to discuss their opinions and issues over the Stand Your Ground Law. The Stand Your Ground Law justifies a person in using deadly force when there is a reasonable belief of imminent threat. It is the main point of defense for shooter Zimmerman in the case of Trayvon Martin’s death on Feb. 23 – a case rivaling the media attention of Casey Anthony. The forum was a direct response to Gov. Rick Scott’s hesitance to form the task force he promised after the shooting. Division in the Crowd Over 100 members of the general public attended the forum in Fort Lauderdale highlighting a clear division in the public opinion over the law and whether it should… […]

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What is Stand Your Ground Law?

What is Stand Your Ground Law?

In basic terms, Stand Your Ground Law allows anyone immunity from prosecution if he or she used force in self-defense of person or property. After claiming immunity under Florida Stand Your Ground Law, a Motion to Dismiss should be filed by the defendant’s criminal defense lawyer. A Motion to Dismiss requests an evidentiary hearing that provides evidence to a judge showing whether or not the defendant should be immune from prosecution. Florida Stand Your Ground Law Florida Statute 776.032 states: “A person who uses force is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of his or her official… […]

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