Stand Your Ground Law Florida Statute

In taking evidence, the trial court considers the issues of fact in question and must reach a conclusion according to the standard of proof in force. The court can either dismiss the charges or allow the prosecution to continue. Stand your Ground also does not apply in situations where the person using lethal force provoked the other person or person has already attempted to leave the premises. So it`s not a defense when someone fights or the other person runs away. To raise the defence, a person must have reasonable grounds to believe that imminent death or serious bodily harm is imminent. A person is presumed to have intentionally lost death or serious bodily harm if he or she was injured by lethal force, attempted to unlawfully or violently enter an occupied dwelling, dwelling or vehicle, or was in the process of removing another person from an occupied dwelling, residence or vehicle against his or her will. Simply put, there must be a clear reason to believe that there is a threat, that someone is about to commit a crime in the apartment, building or vehicle occupied. Examples include a burglar breaking into your home or a kidnapper trying to kidnap someone from the house or car. Senate Bill 1052 sought to correct a clear drafting error caused by the 2014 Amendment Act to Section 776.013(3), F.S., an Act regulating the right to self-defence in a person`s home, residence or vehicle. Historically, Florida has always accepted the so-called “castle doctrine.” This legal doctrine allows for the use of lethal force when you defend your home from an intruder and fear for your life. This type of law has been in effect in the United States since the 18th century and protects homeowners from intruders and other threats. The 2005 Act placed the burden of proof on the defendant. This means that to invoke the Stand Your Ground defense, the defendant must prove that he used lethal force in self-defense.

They must prove that they acted out of fear for their own safety or that of another person. However, the new law, which has just been signed into law by Governor Rick Scott, completely changes the burden of proof. If a defendant invokes immunity in a suit or civil proceeding, the court must conduct a preliminary hearing of the evidence. The law effectively grants defendants “a substantive right to assert immunity from prosecution and to avoid trial.” Dennis v. Staat, 51 So.3d 456, 462 (fla.2010). The defenses under the Stand Your Ground provisions are more specific than the other self-defense provisions of Florida law. In the criminal context, our Stand Your Ground law was recently amended to place the burden of proof on the prosecution – through clear and convincing evidence – that an accused is not entitled to immunity. § 776.032(4), Florida. The stand-your-ground law grants immunity from prosecution or threat of use of force authorized under sections 776.012, 776.013 or 776.031 immunity from civil suit or action “for the use or threat of use of such force” unless: First, to assert the defence, a person must be in an apartment, an occupied apartment building or vehicle. An apartment or residence is a house, building or other structure (including a tent) designed for overnight stays by people. The definition of dwelling also extends to a porch or other structure attached to a building or house. To use Stand Your Ground Defense, a person must have legal access to the apartment or apartment.

For this reason, “Stand Your Ground” is sometimes referred to as a “castle doctrine” that allows a person to protect their home or “castle.” However, most states have the “castle doctrine”; What Florida does is extend them outside of a person`s home (or “castle”). A person who . Lethal force under this paragraph has no obligation to withdraw and has the right to. their reason if the person who . Lethal force is not involved in any criminal activity and is located in a location where . It has the right to be. The relevant provision now provides that “A person attacked in his home, home or vehicle has no obligation to withdraw” and has the right to use or threaten to use defensive force. Because of error, the law implies that a person`s right to self-defense does not begin until the person is physically assaulted. The Florida legislature and executive responded to Bretherick in 2017 by enacting and signing the amendment, which shifted the burden of proof to the state and increased the burden from the “preponderance of proof” standard to “clear and persuasive.” According to Florida law, “a person who does not engage in any illegal activity and who is attacked in another place where he has the right to retire and has the right to assert himself and counter violence with violence, including lethal force, if he reasonably believes that it is necessary, to prevent death or serious bodily harm to oneself or others, or to prevent the commission of a violent crime. § 776.013(3), Fla. Stat.

(2007). The Stand-Your-Ground Act is a legal defense classified as justified use of force in Florida (“self-defense”). The law states that a person in his or her occupied home, home or vehicle has the right to assert and to use or threaten to use lethal force if he or she has reason to believe that such violence is necessary to prevent imminent death, grievous bodily harm or the commission of a violent crime. Under Florida law, prosecutors can determine that a person defending his or her point of view is exempt from criminal and civil liability. If the prosecutor determines that your defence does not apply, it becomes the defendant`s duty to raise the defence. Once the accused has proven all the elements of the defence, it is up to the prosecution to prove with clear and convincing evidence that the accused was NOT steadfast. Florida Law 776.012 states that “a person has the right to use or threaten to use lethal force if he has reason to believe that the use or threat of such force is necessary to prevent imminent death or serious bodily harm to himself or others, or to prevent the imminent commission of a violent crime. Any person who uses or threatens to use lethal force in accordance with this paragraph shall not have an obligation to retreat and shall have the right to assert his or her position if he or she does not use or threatens to use lethal force shall not engage in criminal activity and shall be in a place where he or she has the right to be.

Three elements must be present for the “Stand Your Ground” law to apply.

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