The Stand Your Ground law was enacted by the Florida Legislature in 2005 and received nationwide attention in connection with the death of Trayvon Martin. If you felt that you needed to defend yourself by means of deadly force, and you were charged with a crime like murder or aggravated battery with a deadly weapon, you may have a reason to raise the Stand Your Ground statute as a defense. At Hanlon Law, we provide aggressive, experienced legal counsel and representation. Tampa criminal defense lawyer Will Hanlon can look at the facts and circumstances surrounding the charges and determine whether this would be a strong defense.
The Stand Your Ground Statute in FloridaFlorida Statutes section 776.012 is also known as the Stand Your Ground law. It provides that someone is justified in using deadly force and owes no duty to retreat when either:
Section 776.013 provides that someone in a dwelling or residence in which they have the right to be present has no duty of retreat and can stand their ground and use non-deadly force against someone else if they reasonably believe that it is necessary to prevent being killed or suffering great bodily harm, or to protect someone else from being killed or suffering great bodily harm, or to stop a forcible felony from being imminently committed.
Moreover, there is a presumption that someone had a reasonable fear of imminently being killed or seriously injured when using or threatening to use defensive force that is likely or intended to seriously injure or kill someone else if the person against whom the defendant used force was in the process of illegally and forcefully going into either a home or an occupied vehicle. It is also presumed when the alleged victim removed or was trying to remove someone else non-consensually from the home or occupied vehicle. Finally, it is presumed if you used or threatened to use defensive force when you knew or had reason to believe that the other person was unlawfully and forcibly entering or that such an act had occurred.
The presumption does not apply, however, if the alleged victim had the right to be inside the home or vehicle, and there was not an injunction for protection from domestic violence or a no-contact order in place against that person. Suppose that you and the father of your child had a violent relationship, owned a home jointly, and separated, but no injunction or no-contact order was sought. You just parted ways. The father came back to pick up his stuff, but you had changed the lock, so he forced open a window. You might not be able to use the Stand Your Ground defense successfully because he had a right to be there as an owner, and there was no no-contact order to restrict him.
Similarly, the presumption would not apply if the person or people who are being removed against their will are children or grandchildren who are in the lawful custody or under the lawful guardianship of the person against whom you used force. Using the same example as above, if the father was the legal guardian of the children, and you had refused to return the children after visitation, so he forcibly entered to take them back, you probably could not successfully raise the Stand Your Ground defense.
Other exceptions involve engaging in criminal activity while using "defensive force" or using defensive force against a law enforcement officer who is trying to get into a home or car in performance of official duties if the officer has identified himself or herself or you knew or reasonably should have known that they were a law enforcement officer.
Consult a Skillful Gun Crime Attorney in the Tampa AreaThe Stand Your Ground law continues to be controversial in Tampa and elsewhere, but it can be a very strong defense when it is appropriately applied. It is crucial to the outcome of your case to have an experienced gun crime attorney advocating on your behalf and raising appropriate defenses as early as possible. Our founder, Will Hanlon, has provided a strong, aggressive defense to people accused of crimes such as aggravated battery, domestic violence, and manslaughter since 1994. He strives to provide responsive and personalized representation. Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment with a Tampa lawyer.
In Florida, it is a crime to resist a law enforcement officer with or without violence. Although the penalties are more severe for resisting with violence, you should take a charge of nonviolently resisting an officer seriously. Sometimes people resist an officer because they believe that leaving the scene or running away will cause a problem to disappear. Sometimes resisting an officer without violence is a charge brought by a prosecutor to supplement other criminal charges. At Hanlon Law, Tampa criminal defense lawyer Will Hanlon provides knowledgeable legal representation and can look at the total facts and circumstances to determine which defenses would be appropriate.
Resisting an Officer Without ViolenceResisting an officer nonviolently can include warning others that the police are coming, lying, providing a false identity or identification, fleeing after being told to stop, not getting up when asked, or not placing your hands behind your back when asked. It can include any refusal to obey verbal commands. Often, actions that form the basis for this charge can seem minor to the defendant. However, more serious actions of resistance can include concealing evidence, evading the police when they have a reasonable suspicion of criminal wrongdoing, inciting others to interfere with police activities, or presenting an invalid identification upon a lawful arrest.
In order to prove the crime of resisting an officer, the prosecutor must prove beyond a reasonable doubt that you opposed, obstructed, or resisted a law enforcement officer who was involved in executing legal process or a legal duty at the time, and you knew that the person whom you were opposing, obstructing, or resisting was an officer or another person legally authorized to execute legal process.
Officers under this code section can include police officers, county probation officers, personnel from the Department of Law Enforcement, or members of the Florida Commission on Offender Review.
If the prosecutor establishes those four elements, and you did not do violence to the officer or threaten to do violence to the officer, you can be convicted of a misdemeanor in the first degree. As a first-degree misdemeanor, you can be sentenced to a maximum of one year in jail and $1,000 in fines. In most cases, it will be less, but it is important to realize that if you do not present a successful defense, you will have a permanent criminal record and probably a term of probation. When there are aggravating circumstances, it is likely that the prosecutor will seek jail time. Moreover, if you have a criminal record already or a history of resisting arrest, it is very likely that you will go to jail if you are convicted.
An experienced attorney can make a difference to the outcome of your case. In some cases, your lawyer may be able to negotiate to have the charge dropped or to get some sort of plea deal. In other cases, an attorney can present a successful defense. Some common defenses include arguing that you did not actually oppose or obstruct a law enforcement officer, you had an involuntary physical response that caused you to tense up during the arrest or jerk away, an officer was not acting under a legal duty or not acting in a lawful way, an officer failed to explain the arrest, or an officer conducted an unlawful arrest or detention.
Generally, words alone are not enough to be considered resistance under the First Amendment, but there are situations in which your words can result in liability under this code section, such as when an officer asks for help, legally detains you, or tries to serve process. Similarly, the First Amendment will not protect you if an officer sees a crime and tries to make an arrest, but you warn the suspect about the police in order to stop the suspect from being apprehended. Other affirmative falsehoods during arrest are also not protected by the First Amendment because they hinder the officer's ability to do their job.
Retain a Criminal Attorney in the Tampa Area to Protect Your RightsIt is unlawful to resist an officer without violence. The prosecutor will learn the officer's version of what happened when deciding whether to pursue charges, and it can be important to your defense for the prosecutor to also hear your version of what happened early in the process of deciding whether to pursue charges. Our founder, Will Hanlon, is committed to protecting the rights of the accused in the Tampa area and has represented criminal defendants since 1994. Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment with an assault or battery attorney.