Currently, a controversial question has come about in Florida: Should a convicted felon, who because of his status as a convicted felon has lost the right to legally own or possess a gun, be afforded the chance to claim self-defense and be immune from prosecution if he shoots someone while defending his home? More scenarios exists that create legal justification, but the defense of one’s home is the most recognizable situation that comes to mind for most people. The Florida Supreme Court is currently awaiting legal briefs and oral arguments from attorneys so that the high court can decide if Stand Your Ground applies to convicted felons, each side hoping to sway the court in its favor.
If reasonably justified under the facts relating to a particular situation, the average non-felon Florida citizen will be afforded the benefits and protection of the Stand Your Ground law when forced to use the lethal force of a gun for protection from a home invader, for instance. Depending on the Florida Supreme Court’s ruling on this issue, Florida criminal defense attorneys may have a new tool in the defense of some clients.
There is no requirement to quiver in fear or run away, tail tucked between your legs, when someone attempts to use lethal or deadly force against you in Florida under the state’s Justified Use of Deadly Force statutes. This principle is commonly referred to as Stand Your Ground. Under the proper circumstances, Florida law makes a person immune from criminal and civil liability after lawful self-defense is exercised.
Facing the possibility of criminal prosecution after being forced to defend yourself can be a scary predicament to be in. Hiring a criminal defense attorney is a must, even when a person is justified in the use of force. An experienced criminal defense attorney that is familiar with the way the laws can be used to benefit you will be your greatest asset. At the Law Office of David M. Goldman PLLC, we have the experience and know-how that is necessary to protect your rights in self-defense cases involving guns and Stand Your Ground. Contact us today at (904) 685-1200 to discuss how our experience and knowledge can protect you or a loved one. Our self-defense attorney, Markus A. Sermons, Esq., is available for free initial consultations.