What Is a Self-Defense Immunity Hearing in Florida?
Florida law provides a powerful legal justification for using force, including deadly force, without the legal obligation to retreat in certain situations. This is referred to as the “Stand Your Ground” law. However, while many people have heard the term “self-defense,” not many understand how it works. Specifically, many people do not realize that Florida law allows defendants to request a self-defense immunity hearing. Many do not know what this hearing is and how it works. If you are facing criminal charges, and you believe self-defense applies, it is vital that you understand what an immunity hearing is and how it works.
Understanding Florida’s Self-Defense Law
Under Florida Statutes sections 776.012 and 776.013, you have the legal right to use force, including deadly force, without a legal obligation to retreat when somewhere where you are allowed to be if you reasonably believe the force is necessary to prevent significant harm, death, or a forcible felony. Section 776.012 pertains to the use of force to defend a person, whereas 776.013 relates to the use of force to protect one’s home.
In Florida, the “Stand Your Ground” law removes the duty to retreat when you are attacked in a place you have the legal right to be. This is different from the traditional self-defense law, which requires that you first attempt to retreat or escape the danger, if safely possible, before using force. By eliminating the duty to retreat, Florida law gives residents greater protection when defending themselves in their houses, vehicles, or any other places they are legally present. However, to ensure you act within the law, you must ensure the use of force is reasonable under the circumstances, and the force used is in proportion to the threat faced.
What Is the Purpose of a Self-Defense Immunity Hearing?
Florida Statutes section 776.032 provides immunity from criminal prosecution and civil lawsuits for people who use force if they acted within the law. However, just because you claim you were acting in self-defense does not automatically mean you will be granted immunity. That is where the immunity hearing comes in.
A self-defense immunity hearing aims to determine if the defendant is legally protected from prosecution because their use of force is justified under the law. This hearing takes place before the trial begins. If the judge rules in your favor, your criminal charges will be dismissed, and you cannot be sued in a related civil lawsuit. However, if immunity is denied, your case will proceed. However, you can still argue self-defense in front of a jury.
How Does the Process Work?
First, the defense attorney files a motion to invoke statutory immunity. Then, the court holds a pre-trial evidentiary hearing. During the hearing, you, as the defendant, will only be required to present a prima facie claim of immunity. After that, the burden of proof will shift to the state to prove by clear and convincing evidence that you are not entitled to immunity. Then, the judge will carefully evaluate the circumstances and decide whether or not to grant immunity.
Navigating a self-defense immunity hearing requires expertise. The prosecutor will aggressively challenge your claim. An attorney can help you present a strong argument before the judge.
Contact an Orlando Criminal Defense Lawyer
If you’re facing criminal charges and believe self-defense applies, contact our Orlando criminal defense lawyer at Joshi Law Firm, PA to discuss your case and determine whether you may qualify for immunity under the law.
