In Florida, the Stand Your Ground law received a lot of attention over the years, particularly in relation to the Trayvon Martin case. The Florida Stand Your Ground law is not a particularly radical law. It is essentially a self defense law that allows a person to use reasonable force, including deadly force, in response to an imminent threat of similar harm. In other words, if a person reasonably believes someone is about to injure or kill him/her, or another person, that person can use a similar level of force to prevent that from happening. There may be issues regarding whether the other person’s threat was truly imminent and whether the suspect used a commensurate level of force, but it is generally a self defense law. What makes the Florida Stand Your Ground law somewhat exceptional is the procedural aspect of it. Rather than having to assert the Stand Your Ground defense at a trial and hope the jury sides with the defendant, which is always questionable, a defendant can file a motion with the judge that requires a hearing prior to the trial. Once the defendant makes an initial case of self defense, state has the burden of proving the defendant did not have a valid basis to use force or that the Stand Your Ground law does not apply for legal reasons, and if the state fails to do so, the judge should rule in the defendant’s favor and the case is over. A jury would never hear the case. This is an immunity rather than a defense in that if the defendant’s motion is successful, the defendant is immune from further prosecution for the offense.
In a recent case near Jacksonville, Florida, an older defendant lived at home with his adult niece. He was a security guard with no prior criminal record. He had a concealed carry permit and firearms training. One evening, someone knocked on his door, his niece answered, and some guy pulled her out of the house. The niece resisted and called for the defendant to help her. Two other men were there and helped the first man pull the niece away. The defendant grabbed his guy and ran outside. He fired a warning shot into the air. The three men shot back, and a gunfight ensued. The defendant and his niece were hit along with one of the other men.
It turns out, these three men were police officers, although they apparently never announced that fact to the niece or defendant. They went to the house in an undercover capacity to investigate the niece’s alleged prostitution offenses. They arrived in plain clothes and an unmarked vehicle and posed as customers seeking a prostitute. After the incident, the defendant was arrested and charged with three counts of attempted murder of a law enforcement officer.