Florida’s Stand Your Ground Law: Self-Defense Claims In Pinellas County Criminal Cases
Were you involved in an altercation where you used force to protect yourself or someone else? If you face criminal charges in Pinellas County as a result, it is important to know how Florida’s “Stand Your Ground” laws apply.
The line between self-defense and criminal behavior can be razor-thin. Florida law does allow you to defend yourself in certain circumstances, but invoking self-defense under Stand Your Ground is not automatic or guaranteed. Our experienced Seminole criminal attorney explains more about how this law often applies and what to do if you get arrested after acting in self-defense.
How Florida’s Stand Your Ground Law Applies To Criminal Charges In Pinellas County
Under Section 776.012 of the Florida Statutes, you are justified in using force to protect yourself and others against threats. Even deadly force is permitted when a person believes it is necessary to prevent imminent death, great bodily injury, or a forcible felony.
Under this law, there is no obligation to retreat before using such force if you are in a place where you have a legal right to be. Florida’s ‘Stand Your Ground’ laws often apply to Pinellas County criminal cases and can be used as a valid defense when protecting yourself or others against the following:
- Home invasions or attempted burglaries;
- Physical attacks in public places;
- Domestic violence situations;
- Sexual assault;
- Murder;
- Altercations in vehicles or places of business.
While the law may provide immunity from prosecution, the burden falls on the accused to demonstrate they were justified in using force. Law enforcement and prosecutors may still press for criminal charges depending on how the incident happened.
Facing Criminal Charges In Pinellas County After Acting In Self-Defense
Being arrested on criminal charges is overwhelming, even if you believe your behavior was justified. Fortunately, you may be able to use Florida’s Stand Your Ground laws as part of your legal defense.
If you face charges in the Pinellas County Criminal Court after acting in self-defense, take the following steps to protect yourself:
- Get experienced legal representation right away.
- Assert your constitutional right to remain silent and do not attempt to explain yourself to the police without your attorney present.
- Document any injuries or damage sustained during the incident.
- Identify witnesses who can confirm your account of what happened.
- Preserve evidence, such as video surveillance footage, texts, and email messages that support your defense.
An experienced Pinellas County criminal lawyer can file a pre-trial motion for immunity under the Stand Your Ground law, potentially resulting in a dismissal before your case ever reaches trial.
Claiming Self-Defense? Contact Our Experienced Pinellas County Criminal Attorney Right Away.
Florida’s Stand Your Ground law can be a powerful shield in Pinellas County criminal cases. At The Reep Law Firm, we understand what’s at stake and take the actions needed to build you a strong legal defense. To protect your rights, contact our experienced Pinellas County criminal attorney right away and request a consultation.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.012.html
mypinellasclerk.gov/Home/Criminal-Juvenile
