The Florida Law Weekly

When is there immunity from prosecution under the Stand Your Ground law?
See what the state courts have to say.

Some cases that have found no immunity:

Criminal law -- Manslaughter -- Aggravated assault -- Charges arising out of gunfight between defendant and another individual in which a bystander was killed at time when defendant was walking to location where he intended to buy marijuana -- Trial court properly determined that defendant was not immune from prosecution under "stand your ground" law. Log in to read the full text.

Criminal law -- Second degree murder -- Jury instructions -- Stand Your Ground law -- Trial court erred in instructing jury as to the Stand Your Ground law over defendant's objection and in rejecting defendant's requested special instruction where there was evidence that defendant was engaged in unlawful activity at the time of the shooting and defendant's special instruction adequately addressed the scope of the duty to retreat in such cases, was a correct statement of the law, and was not misleading or confusing -- New trial is warranted, rather than remand with instructions to reduce murder convictions to manslaughter convictions, given error in jury instruction on self-defense. Log in to read the full text.

Criminal law -- Second degree murder -- Shooting at or into vehicle -- Immunity from prosecution -- Stand Your Ground law -- Trial court did not depart from essential requirements of law when it found, by preponderance of evidence, that defendant was not entitled to immunity from prosecution for shooting death which occurred when victim was attempting to drive his vehicle away from location to which it had been towed by one of defendant's employees and, in doing so, drove vehicle toward defendant and one of his employees, where physical evidence suggested that defendant fired weapon into vehicle as vehicle was passing him, such that threat of imminent death or bodily harm had passed. Log in to read the full text.

Criminal law -- Aggravated battery -- Self-defense -- Justifiable use of deadly force -- Immunity from prosecution under 776.032 for the use of deadly force permitted under section 776.013 does not apply because the victim was retreating from defendant's dwelling when defendant shot him -- At time defendant used deadly force against victim, victim was not inside defendant's garage or in the process of entering, but was retreating from garage to his vehicle, which he had almost reached. Log in to read the full text.

Criminal law -- Attempted first degree murder -- Immunity -- Castle doctrine -- No error in denying motion to dismiss in which defendant argued that he was immune from criminal prosecution pursuant to section 776.032 because shooting occurred when defendant's brother assaulted him after having been asked to leave defendant's home -- A criminal defendant claiming protection under this statute must demonstrate by preponderance of evidence that he or she is immunized from prosecution -- A defendant may raise question of statutory immunity pretrial and, when such a claim is raised, trial court must determine whether defendant has shown by preponderance of evidence that immunity attaches -- Trial court may not deny motion to dismiss simply because factual disputes exist -- Trial court applied correct standard -- Defendant is not precluded from submitting matter to jury as affirmative defense in his criminal trial. Log in to read the full text.

Criminal law -- Domestic violence -- Defendant failed to prove by preponderance of evidence that he was entitled to prosecutorial immunity in this case under Stand Your Ground law -- Moreover, defendant not entitled to immunity where he provoked use of force against himself. Log in to read the full text.

Some cases that have found immunity:

Criminal law -- Second-degree murder -- Immunity -- Trial court properly found that defendant, who was involved in a gun fight involving several people, was immune from prosecution under the Stand Your Ground Law. Log in to read the full text.

Criminal law -- Immunity -- Stand Your Ground Law -- Petitioner was immune from prosecution on charges of first-degree murder under section 776.032(1) where victim unlawfully and forcibly entered vehicle occupied by defendant and others and was still inside the vehicle when he was shot -- Statute makes no exception from immunity when victim is in retreat at time defensive force is employed -- Denial of motion to dismiss based on disputed issues of material fact was incorrect and also directly contrary to precedent expressly holding that motion to dismiss based on "Stand Your Ground" immunity cannot be denied because of the existence of disputed issues of material fact. Log in to read the full text.

Cases from Florida Circuit and County Courts:

Added 4/16/12:
Criminal law -- Second-degree murder -- Immunity -- Stand Your Ground Law -- Motion to dismiss murder charge based on immunity under Stand Your Ground Law is denied where witnesses agree that defendant ran from confrontation with victim and victim followed defendant, but there is no evidence as to what occurred when victim caught up with defendant -- Under circumstances, question of whether defendant acted in reasonable self-defense cannot be decided by pre-trial motion and must be decided by jury. Log in to read the full text.

Added 4/16/12:
Criminal law -- Aggravated battery -- Immunity -- Stand Your Ground Law -- Where victim threw full bottle of beer at defendant from short distance away with sufficient force to shatter next to defendant and cause defendant to take evasive action to avoid being hit, victim prepared to throw or threw second bottle at defendant, and defendant had his back to wall and was surrounded by group of belligerent and aggressive men, defendant was justified in shooting victim to prevent forcible felony of aggravated battery -- No merit to argument that defendant is not entitled to immunity because he shot victim in back where victim did not indicate that he intended to retreat before defendant ducked his head to avoid being hit by second bottle and quickly fired shots. Log in to read the full text.

Criminal law -- Battery -- Immunity -- Stand Your Ground Law -- Where battery victim entered defendant's bedroom, struck him and then blocked doorway to prevent defendant from leaving his bedroom, defendant was permitted to use force to prevent false imprisonment -- Defendant is immune from prosecution for pushing victim out of doorway. Log in to read the full text.

Criminal law -- Aggravated battery -- Immunity -- Stand Your Ground Law -- Where defendant, who initiated altercation with victim, had ended contact with victim and retreated to her vehicle when victim attempted to commit forcible felonies of robbery and burglary by leaning into vehicle to take purse and punching defendant in face, defendant is entitled to immunity for slashing victim with sharp object as he continued his efforts to grab purse. Log in to read the full text.

Criminal law -- Manslaughter with firearm -- Immunity -- Self-defense -- Where co-defendants seated in vehicle in parking lot of apartment complex on public street or driveway were at place they had right to be, were not engaged in unlawful activity, and had lawful possession of AK-47 when vehicle containing individuals with whom co-defendants had exchanged gunfire earlier in evening approached and fired on them, co-defendants had legal right to use deadly force in self-defense -- No merit to state's argument that co-defendants were required to shoot into air in warning, use smaller caliber weapon than AK-47, or use fewer bullets -- Motions to dismiss are granted. Log in to read the full text.

Criminal law -- Aggravated assault -- Immunity -- Use of non-deadly force in self-defense -- Where victim, without justification, walked quickly toward defendant while making angry and threatening statements, defendant was in reasonable fear for his safety and acted lawfully when he pulled out handgun and pointed it at ground. Log in to read the full text.

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