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gejohnston

(17,502 posts)
1. you don't invoke stand your ground
Thu Oct 29, 2015, 12:34 PM
Oct 2015

you simply claim self defense. What they are doing, which is unique in Florida self defense law, is opting for an immunity hearing. Basically, if the defendant proves self defense by preponderance of the evidence to the hearing judge, charges are dropped. If not, it goes to trial where the State has to prove beyond a reasonable doubt that it wasn't. If the State fails to do that, civil immunity still applies.

With strong support from the National Rifle Association in 2005, the "gunshine state" became the first to pass a ‘stand your ground’ law that allows citizens to use deadly force if they fear their own harm or death.
only about half true. While Florida was the first to put it in a statute, many states had no duty to retreat, aka had SYG, in their common law decades before Florida passed the law.

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