Florida’s stand your ground law gained national notoriety in the George Zimmerman murder trial, where he was accused in the slaying of Trayvon Martin. Several prominent cases would follow testing this new legal principle that expanded the common-law self-defense doctrine. Recent changes to the law have made it more favorable to the accused.
What is Stand Your Ground?
The Florida stand your ground law immunes from prosecution individuals who strike, injure or kill another person they reasonably believed posed an imminent danger to themselves or another. In simple terms, the law is supposed to prevent the prosecution of a person who acted in self-defense. The law also removes the duty to retreat. Any person who reasonably believes they are in imminent danger of death or bodily harm can meet force with force. If that person is the victim of a forcible felony, they can shoot first under the stand your ground law. In essence, the person threatened can attack first with a duty to retreat or deescalate the situation.
The law also lists circumstances where there is a presumption of imminent danger. Those include when a person is forcibly entering another person’s home or occupied vehicle and when a person knew or had reason to believe that an unlawful and forcible act was occurring or had occurred. While the stand your ground law at its core is the common law self-defense doctrine that has existed for 1000s of years, it expands the rights of a person accused by permitting them to attack without retreating and immunes that person from prosecution.
When does the Stand Your Ground law apply?
Stand your ground applies in situations where a person acting in self-defense or defense of another person, and under the threat of imminent danger of serious bodily injury, death, or a forcible felony, meet force with force, including deadly force if that person reasonably believes it was necessary to do so. If a person or someone else is the victim of a forcible felony, the stand your ground law applies. For example, if another person were to attempt to rob, stab, shoot or kill an individual or threatened to do so, that individual can use force, including deadly force, against the person who poses a threat. The threat must be imminent. The threat has to be in the here and now. It can’t be a future threat.
In practice, individuals are commonly arrested and prosecuted for cases that involve clear stand your ground immunity. Police officers and prosecutors routinely have a different view on whether the stand your ground law applies in certain circumstances. Innocent people are arrested and charged with serious offenses. They can face lengthy prison terms and minimum mandatory sentences. That is why hiring an experienced and effective lawyer like Brian Kirlew, Esq. is so important.
When Doesn’t the Stand Your Ground Law apply?
Despite popular opinion, Florida’s stand your ground law is not a license to kill. The stand your ground law doesn’t protect someone who was the initial aggressor. It doesn’t protect someone who was committing a crime at the time. The law didn’t apply in any circumstance when the person seeking immunity from prosecution was fleeing from the commission of a forcible felony. It doesn’t protect individuals who had sufficient time to cool off and reinitiated the confrontation.
How do I get immunity from prosecution?
In reality, there is no immunity from prosecution. There is immunity from having to assert the defense of self-defense in a trial. If done properly, a person accused of a crime that seeks protection under the stand your ground law can have their case dismissed before ever having to stand trial on the charges.
That person is still arrested and formally charged by the state attorney. The person seeking immunity still has to go through hiring a lawyer and having their case properly investigated and prepared. The Stand, Your Ground law, gives the judge the power to dismiss a criminal case without the case ever being heard by a jury. The law provides an avenue for the accused to seek immunity in a pre-trial hearing rather than raising the defense.
Whenever charged with a serious offense, it is important to hire experienced and effective counsel. This is particularly true in stand your ground cases. Local police departments and prosecutors are uniformly opposed to the protections afforded under the law. It is an uphill battle for an accused to get their case dismissed based upon stand your ground immunity. If you or someone close to you is charged with a law violation where you think the stand your ground law may help, contact our offices immediately and schedule a free phone consultation. We will answer your questions and advise you on how to proceed.
Our Areas of Specialty
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
- Alien Smuggling
- Appeals/Post Conviction Motions
- Assault and Battery
- Burglary
- Child Pornography
- Domestic Violence
- Drug Crimes (Possession, Sale, Trafficking)
- Conspiracy
- Bond/Release
- Arson
- DUI/BUI Defense
- Embezzlement
- Extradition
- Federal Grand Jury Investigations
- Firearm Offenses
- Forfeitures
- Fraud
- Internet Crimes
- Juvenile Charges
- Kidnapping or False Imprisonment
- Mail/Wire/Fraud
- Medicare Fraud
- Medical Marijuana
- Murder and other Homicide offenses (Murder, DUI Manslaughter, Vehicular Manslaughter, Manslaughter)
- Nebbia requirements
- Probation Violations
- Federal/State RICO
- Robbery
- Sealing and Expungement
- Sexual Offenses
- Subpoenas (responding to or issuance of)
- Tax Evasion
- Theft
- Warrants
- Violations of Injunctions/Protective Orders
- White Collar
Don’t Wait Another Minute. Get Your Free Phone Consultation Now.
When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
Brian Kirlew is here to represent you. You can schedule your free phone consultation with our criminal defense lawyers today to begin building a sound defense strategy.