Stand Your Ground In Florida. Listen to these facts. What you need to know!

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  • čas přidán 11. 09. 2024
  • Discussing the case of Brethrick v. State 170 So3d 766. If you own a firearm in Florida you must understand the law or you will be facing felony charges. Listen carefully to the facts of this case and what is discussed. The goal is to to educate the public on firearms and discuss problems with various fact patterns. Listen to this law. Pay attention. You do not want to get arrested. If you do you want to make some better arguments. Its appears from my analysis that the defense here missed some important issues including breach of peace and citizens arrest. If your attorney misses the argument it is waived. Make sure you have an attorney that knows the law. Conclusion by Supreme Court Of Florida "While we recognize that the Stand Your Ground law is intended to be an immunity from prosecution as opposed to just an affirmative defense, the immunity is not a blanket immunity, but rather, requires the establishment that the use of force was legally justified."
    Florida Statute 776.032. Immunity from criminal prosecution and civil action for justifiable use or threatened use of force
    (1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
    (2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.
    (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
    (4) In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).

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