Call now (954) 463-0440
Toll Free (844) ADQ-LAW4
The Florida "Stand Your Ground" Law
Broward County Stand Your Ground Attorney
Florida's Stand your Ground Law is contained in Fla. Stat. 776.032. The law creates statutory immunity from prosecution when an individual reasonably believes that they are in danger of imminent death or bodily harm and they use force to defend themselves. Previously under the Statute the individual who was claiming immunity under the "Stand Your Ground" law bore the burden of proof meaning that it was the defendant who had to prove that they were entitled to immunity. Recent amendments to the Stand Your Ground law have shifted that burden over to the prosecution meaning that now once the immunity is claimed, the State Attorney bears the burden of proving that the individual is not entitled to immunity.
Under the statute the use of force is also permissible to prevent the imminent commission of a forcible felony. In most states a person has a duty to retreat if they can do so safely before responding to a threat of imminent bodily harm with deadly force. Florida's Stand Your Ground law which was first passed in 2005 eliminates the duty to retreat in the State of Florida and permits individuals to defend themselves or others from an imminent threat of serious bodily injury or death with force and to avoid prosecution under the law. If you have been arrested for assault or battery or aggravated battery or aggravated assault and believe that you should be protected under the Stand Your Ground law then it is essential that you contact an experienced criminal defense attorney as soon as possible. In many cases, the Stand Your Ground defense may not prevent the state from filing formal charges against you. It is the job of your attorney to communicate with the prosecutor's office and to work to prevent the filing of formal charges in your case. However, if formal charges are filed against you, your attorney can set a Stand Your Ground hearing in the criminal court. At a Stand Your Ground hearing the defense bears the burden of proving to the court that the preponderance of the evidence shows that you were justified in the use of force.
Defenses to Assault and Battery
Criminal lawyer Antonio D. Quinn, Esq. aggressively defends those who are facing Battery and Assault charges in Broward County and Palm Beach. Do not take chances with your future. Call an experienced assault and battery attorney as soon as possible at (954) 463-0440.