In 2005, the Florida law makers put into law the “Stand Your Ground” law.” The Law makes a person immune from criminal (and civil ) prosecutions a person who Stands his Ground to protect himself or his family from intruders and attackers. According to Florida Law:

“A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

• The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcefully entered, a dwelling, a residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

• The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. Fla. Stat.776.013 “

If you are charged with a battery or other crime as a result of “Standing Your Ground” to protect yourself, your home, or a loved one, a criminal attorney may be able to get your case dismissed. The proper method is to file a motion to dismiss pre-trial in the appropriate court. If the defense attorney can prove by a preponderance of the evidence that you were standing your ground, then the criminal case will be dismissed.

Contact a Criminal Attorney in Tampa Today

If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss if a motion to dismiss is applicable in your case. Ask to speak directly to an attorney.

Other Defenses