How Do You Get a “Stand Your Ground” Hearing in Florida?

Florida’s “Stand Your Ground” law grants immunity from criminal prosecution in cases where the defendant can show they were “justified” in using force. Immunity from prosecution means that, assuming the defendant can establish they were justified in their actions, the criminal case need not proceed to trial. Instead, the court must hold a pretrial immunity hearing to determine whether Stand Your Ground applies to the facts of the case.

Presenting a Prima Facie Claim

Before a hearing can take place, however, the defendant must first file a written pleading with the court alleging their use of force was justifiable under the Stand Your Ground law. This pleading must present what is called a “prima facie claim”–that is, facts that if true would show the defendant lawfully acted in self-defense and is this entitled to immunity as a matter of law.

It is important to emphasize that the burden is on the defendant–not the state–to make this prima facie showing. Put differently, the prosecution is not required to determine if you acted in self-defense. You need to put the issue of self-defense squarely before the court. Only after making the required prima facie showing is the judge even required to hold a pretrial immunity hearing.

Once the defendant makes a prima facie showing, however, the burden of proof at the subsequent hearing shifts to the state. At the hearing, the prosecution needs to prove that, despite the facts alleged by the defense, the defendant is not entitled to Stand Your Ground immunity from prosecution.

The standard of proof in this context is by “clear and convincing” evidence. Basically, this is a lower standard than what is required for an outright conviction. A jury must find a defendant guilty “beyond a reasonable doubt.” The clear-and-convincing standard is below this threshold. But it is also higher than the “preponderance of the evidence” standard used in other legal proceedings, such as civil trials.

So what qualifies as prima facie showing under Stand Your Ground? Immunity covers situations where the defendant used force–and in some cases deadly force–either to prevent imminent death or great bodily harm to themselves or another person or to prevent the “imminent commission” of a “forcible felony.” In establishing this prima facie case, the defendant must “reasonably believe” that the force they used was necessary to prevent the outcome contemplated by the statute. (Stand Your Ground also covers situations where a use of force or deadly force is simply threatened but not actually carried out.)

Contact a Miami Criminal Defense Attorney Today

Stand Your Ground can protect you from prosecution for many serious felony crimes in Florida, including murder, manslaughter, and aggravated assault. But raising a successful Stand Your Ground claim requires careful understanding of Florida law. This is where an experienced Miami criminal defense attorney can help. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.