In the realm of criminal cases one way a defense attorney can protect a client is to argue self-defense. Some years ago, there were reports of a 'Warning Shot Bill' that would allow Floridians to fire a warning shot. There is no law that specifically 'allows a warning shot'. What in the stand your ground law caused the confusion that has me answering similar questions years later?
Criminal Assault, the Threatened Use of Force and Warning Shots
Criminal Self-Defense Immunity a.k.a. Stand Your Ground
Self Defense has been an available affirmative defense to criminal cases since the dawn of society. Florida also has long acknowledged the fundamental right to use force in defense of self or others. The essential elements of self-defense have stayed about the same. A person may use deadly force when it is reasonably necessary to prevent imminent death or great bodily harm to the person or to another person. The procedure and burden of proof required to make a self-defense argument has changed.
Reckless Driving, Standing Your Ground by Accident.
Reckless Driving, not to be confused with careless driving, is a criminal traffic offense in Florida. An accusation of Reckless Driving does not require a crash, but property damage does enhance the offense. In a recent case, an attempt at defending a charge of Reckless Driving was made via a motion for immunity under the Stand Your Ground law.
Stand Your Ground, Justifiable Use of Force Requires Force
In criminal cases alleging the use of force a defendant may seek immunity from prosecution. Today, this is called Stand Your Ground, but it has always been true that self-defense is a viable defense to any use of force case. A person seeking immunity has the burden to put forth evidence that the use of force alleged was reasonable against another's imminent use of unlawful force.
The Burden of Florida's Stand Your Ground Law
Though the Stand Your Ground law was enacted a few years ago, the burden of proof had never been ultimately decided by the Florida Supreme Court. The procedure in a Motion to Dismiss based upon immunity had been established.
Criminal Cases of Domestic Battery - Can the Victim Drop the Charges?
In the context of criminal domestic battery or domestic violence, a question often asked is whether a victim can drop the charges. The short answer is No. Only a prosecutor has the discretion whether to charge a person with a crime. The victim to a domestic battery can request that the State not press charges, however it is simply a request.
