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 duties and the officer identified himself or herself in accordance with an applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer.”
Stand Your Ground Law in South Florida
James Patrick Wonder, 68, and his team of criminal defense lawyers are hoping to prevai at an upcoming Stand Your Ground hearing. They are arguing that Wonder used deadly force in self-defense in the 2008 shooting death of a federal agent after a road-rage incident, according to WPTV News.
The Florida Supreme Court ruled last year that Stand Your Ground law was intended to block any prosecution of people resorting to force in self-defense, and not just to give defendants an argument to use at trial.
An appeals court last month applied the ruling to Wonder’s case and ordered the immunity hearing. Criminal defense lawyers say more and more pretrial Stand Your Ground hearings have been scheduled for cases ranging from simple battery to first-degree murder.
If you have been accused of any violent crime in which you allegedly used force, consult a criminal defense lawyer. A criminal defense lawyer will have the experience and knowledge necessary to tell you whether or not you have a solid stance using Stand Your Ground Law. If you do, you may be able to have your case thrown out of court altogether.