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,…
Articles Posted in Violent Crimes
Florida’s Stand Your Ground Law Does Not Apply to Defendants Already Engaged in Criminal Activity
Florida’s Stand Your Ground law garnered quite a bit of attention after it was passed and surrounding the Trayvon Martin case, but it’s essentially an extension of the Florida self-defense law that allows defendants in case involving violence to petition the court for a dismissal of the charges under certain…
Florida Kindergarten Teacher Could Not be Convicted of Battery For Non-abusive Discipline of Student
In Florida, the definition of battery is very broad. Of course, if you hit a person or strike them in a violent way, that would qualify as a battery without a reasonable defense, like a valid self defense claim. But the Florida definition of battery also includes an unauthorized touching. …
In Florida, a Robbery By Force Can Be Committed Without Touching the Victim
In Florida, robbery is a serious felony charge. Many people misunderstand the differences among robbery, theft and burglary. A theft generally occurs when you steal something from a person outside of their presence, or not in their possession. If you leave your phone on your desk and go to the…
To Use the Stand Your Ground Law in Florida, the Force Used Must Be Reasonable
In Florida, a defendant charged with a crime of violence may be allowed to use the law commonly referred to as the Stand Your Ground Law to avoid prosecution for an alleged crime. The immunity aspect of this law is critical as it works differently than a normal defense. Essentially,…
Police in Florida Can Only Arrest for Resisting Arrest if There is a Legal Basis for the Initial Arrest
That is sort of a convoluted title, but the issue is when police can arrest someone for resisting an arrest. In Florida, resisting arrest can be a misdemeanor or felony charge in Florida. It is a misdemeanor if a person resists arrest without violence; it is a felony charge if…
Florida Stand Your Ground Law Cannot Be Used Against Police Officer Engaged in Official Duties
As many people are aware due to some recent high profile cases, Florida has the Stand Your Ground law which provides that the state cannot prosecute a person who used justifiable force under the circumstances. When a defendant properly defended himself with reasonable force under the circumstances, the Stand Your…
Defendant in Florida Can Get Two Convictions for Aggravated Battery Against a Pregnant Woman
In Florida, the crime of battery is very broad and can include a lot of different actions. Basically, a battery is defined as any unauthorized touching. So, a slight push or any marginal contact can be considered a battery if the victim did not authorize the contact. A battery charge,…
Florida Stand Your Ground Claim Does Not Work Where Defendant Shot Victim in Back
In a recent shooting case near Jacksonville, Florida, the defendant was charged with aggravated battery with a firearm after shooting the victim in the back of the leg. The criminal defense lawyer filed a Stand Your Ground motion claiming that the defendant had a right to use deadly force against…
Florida Stand Your Ground Immunity Applies to Correctional Officers As Well
After a few well publicized cases in Florida, many people are aware of the Stand Your Ground law in Florida. It really is not any sort of groundbreaking law. It is a derivation of self defense, which has been around forever. It addresses the fact that a person does not…