Defendant Successfully Uses “Stand Your Ground” Defense in Florida

If you need to defend yourself in Florida, you may be legally allowed to use deadly force. However, this doesn’t mean you can simply shoot anyone who starts an argument with you. The “stand your ground” defense can be difficult to successfully implement, and a recent case in Florida gives us an example of when it might be applicable. If you need to push back against murder charges, consider working with an experienced defense attorney in Naples.

Defendant Had Duty to Retreat – But He Had No Ability to Do So

 In July of 2024 (almost exactly one year ago), a minor car crash led to a fatal shooting in Florida. After the collision, both drivers exited their vehicles and began to exchange information. At some point during this verbal exchange, the two men became aggressive. Witnesses who saw the exchange said one man began spitting at the other before throwing the first punch.

However, the video surveillance from the scene tells a very different story. The initial first punch was more of a defensive move, as the defendant was merely swinging his arm to give himself space from the attacker. At this point, the defendant was inside his vehicle – and the attacker was partially intruding while landing several blows. At this point, the defendant produced a firearm and shot the attacker in the stomach.

After suffering the gunshot wound, the man went to the hospital before being discharged. Due to persistent internal bleeding, the man returned to the hospital and died 11 days later.

Observers say that the defendant had a legal duty to retreat before discharging his firearm. However, he was unable to retreat due to the circumstances of the situation. Because he was trapped inside his vehicle at the scene of a car accident, there was no way he could have escaped. Facing numerous punches from the attacker, the defendant had a legal right to defend himself using deadly force.

Legal experts also noted that the death of the other individual made this defense strategy easier to implement. No one was alive to tell the other side of the story, so the court had no real choice but to drop the murder charge.

The family of the deceased man is not happy with the decision. They say that the state attorney’s office is planning to file an appeal and “keep fighting.” However, it seems like this type of dismissal would be difficult to argue against.

Can a Defense Attorney Help Me Use the “Stand Your Ground” Defense? 

A Fort Myers and Naples criminal defense lawyer may be able to help you successfully implement the “stand your ground” defense. However, this defense strategy may or may not be effective depending on your unique circumstances. For best results, consider discussing your situation with a defense attorney. Speak with The Foley & Wilson Law Firm today about the potential next steps.

Source: 

wtsp.com/article/news/local/manateecounty/bradenton-murder-charge-dropped-stand-your-ground-florida/67-92fa70e4-f2c2-4e5a-931b-d70ef9b4db67