Florida’s stand-your-ground law provides important protections for people who are forced to defend themselves against others. Under this law, people have the right to use force to defend themselves when they reasonably believe doing so is necessary to prevent serious injury, death, or a forcible felony. Recently, the Fort Pierce criminal lawyers at Kirschner & McEnery, LLC successfully defended a client by asserting a Florida stand your ground immunity defense, winning the dismissal of all charges.
Factual Background and Procedural History
Our client was estranged from his parents and had been for some time. Despite the problematic relationship, his father came to his place of employment. He was told to leave multiple times but refused to do so. Our client was forced to physically remove him. While the father was being removed, he tripped and fell. Police officers arrested and charged our client with battery on an elderly person in January 2024.
After his arrest, our client retained the Fort Pierce criminal lawyers at Kirschner & McEnery, LLC to defend him. During the discovery process, our attorneys received and reviewed a video that showed the police officers had mischaracterized what our client said in the police report. The police officers claimed he made admissions that he did not. After reviewing the video, our attorneys filed a motion to dismiss the charges based on a Florida stand your ground immunity defense.
The prosecuting attorney offered a diversion to our client, which would have resulted in the charges being dropped if he completed a program. He was also offered a guaranteed withholding of adjudication, but he turned the plea offer down to pursue his innocence.
The court held a stand-your-ground hearing. The hearing lasted only 45 minutes, and our client did not have to testify. This is unusual in a stand-your-ground hearing. We were able to establish the law was clear and that even if the state’s claims were true, our client would still be entitled to a dismissal. After our Fort Pierce criminal lawyers submitted our evidence and arguments to the court, the judge dismissed the charges against our client.
Florida Stand Your Ground Immunity Law
Before 2005, Florida’s self-defense law followed the common law principle that before someone could defend themselves, they had a duty to retreat before using force. The state also followed the Castle Doctrine. This refers to the ability of someone to use deadly force to defend themselves and their home against an attacker.
The stand-your-ground law removes the requirement to retreat before using force up to and including deadly force. Florida’s stand-your-ground law is found at §§776.012 – 776.013, Fka. Stat. (2023). This law goes further than what is allowed in other states. It allows people to use force when threatened both inside their homes and anywhere else they have a right to be present as long as they are not committing crimes and have a reasonable fear of imminent harm.
Floridians can also use deadly force to keep someone else from committing a forcible felony, which is not allowed in other states to people who are not law enforcement officers. The stand-your-ground law protects people against criminal prosecution when they are reasonably defending themselves under the statute.
The state legislature amended the law in 2017 to its present form. People like our client enjoy Florida stand your ground immunity against criminal prosecution when they can prove they had a reasonable belief they are in imminent danger of serious injury or death or to prevent the other person from committing a felony.
The stand-your-ground law doesn’t apply to every situation, however. For example, you won’t be protected from prosecution if you used deadly force while engaged in criminal activity or while in a home or business unlawfully. You also can’t assert stand your ground immunity if you were trying to commit a felony, escaping after you committed a felony, or if you provoked the other person into attacking you. Finally, you won’t be able to claim immunity under the stand-your-ground law if the other person leaves or tries to withdraw from the confrontation.
In our client’s case, the father did not have a right to be legally present at our client’s place of employment and had been asked to leave several times. Our client had no choice but to physically remove him, which led to his father’s fall and injuries. Because of our client’s reasonable belief in the necessity of defending himself against his father’s imminent attack and his trespass at our client’s workplace, we were able to assert Florida stand your ground immunity to win the dismissal of all of the charges against him.
Contact a Fort Pierce Criminal Lawyer
If you had to use physical force to defend yourself, up to and including deadly force, when you had a reasonable belief you were in imminent danger of serious injury or death or to stop the other party from committing a felony, you might be entitled to Florida stand your ground immunity from criminal prosecution. If you need help, reach out to our experienced Fort Pierce Criminal Lawyers at Kirschner & McEnery by calling (772) 489-8501.
