Criminal Law Articles Library

Stand Your Ground Law & Excessive Use of Force

Posted by Powers Sellers & Finkelstein | Oct 07, 2019 | 0 Comments

An Expert Opinion On The Parking Lot Rage Killing

Jenna Finkelstein, a criminal defense attorney at Powers Sellers & Finkelstein, talks about the “21-foot rule” mentioned during the Markeis McGlockton interview, and the Use of Force Expert used in the trial.
When can you use the “Stand Your Ground” Law? Call (727) 531-2926 to speak with a criminal defense attorney now!

What is the 21-Foot Rule? When Can You Use the Stand Your Ground Law as Defense in a Criminal Defense Case?

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What is the “Stand Your Ground” Law?

To summarize, prior to “Stand Your Ground”, a person could use only non-deadly force to defend against the imminent use of unlawful non-deadly force. Deadly force was authorized only to defend against imminent deadly force or great bodily harm, or the commission of a forcible felony. Unless you were at home or work, you had a duty to retreat.

Now, since passing the “Stand Your Ground” Law, the Florida Legislature expressed its intent that no person should be “required to needlessly retreat in the face of intrusion or attack.” The “Stand Your Ground” Law effectively expands the “Castle Doctrine” by expanding what is meant by the concept of one's “castle” to include any place where a person is lawfully entitled to be.

Regardless of whether a person is in actual fear while protecting their home or vehicle from forcible entry, Florida's Stand Your Ground Law presumes you to have a reasonable fear in such circumstances unless the person committing the forcible entry proves otherwise.

Florida's “Stand Your Ground” Law now provides immunity from prosecution, as opposed to an affirmative defense that you would need to assert in Trial (after being arrested and charged by the State of Florida).

Accordingly, Florida's Stand Your Ground Law applies to any type of force and any type of weapon, and the nuances of this statute should clearly illustrate the importance of having a skilled criminal trial attorney by your side. If you or a loved one is being investigated for or has been charged with, a Crime of Violence and/or a Firearms and Weapons Offense, contact Powers Sellers & Finkelstein, PLC for a private case evaluation, free of charge. Call (727) 531-2926 anytime, 24-7!

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