The recent Orlando death of an unarmed youth killed by a neighborhood watch gunman who seemingly stalked the child before shooting him dead has once again shown that Florida’s Stand Your Ground law is a license to kill even if you’re simply an unarmed Clearwater Criminal Defense Attorney.
The absurdities of Florida’s Stand Your Ground Law as it relates to many pending Tampa Bay and Pinellas Criminal Cases have already been noted in this blog in the post Stand Your Ground Is Your Perfect Defense to Murder as has not only the press in Florida, where the Orlando Sentinel has attempted to define what is legal and illegal for self defense under the Stand your ground law under the Florida law, as has the national news and here.
|Berg, Hypnotic Seance, 1887|
It’s too easy for mistakes, then after the grisly consequences of the mistakes it’s too difficult to adequately define the subjectively of the gunman. The Florida Stand Your Ground Law asks the prosecutors as well as law enforcement to look into the gunman’s mind to determine if the gunman, “held a reasonable fear of imminent peril of death or great bodily harm to himself or others….” see Florida Statute 776.013. There’s at least one Pinellas Criminal Defense Lawyer who is living in reasonable fear of imminent peril of death or great bodily harm because of the law. Florida’s stand your ground law must be amended or repealed.
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
(1) 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:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, 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
(b) 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.