Stand Your Ground Attorney Tampa, Fl
In 2005, the Florida legislature introduced the state’s new “stand your ground” law. There are both opponents of the law and advocates for the law. The reason why Florida’s stand your ground law is so controversial is because with each crime involving a claim of self-defense, it is not always easy to prove what someone’s belief was about a particular situation.
For example, if you have been charged with murder in Florida, and you are claiming self-defense, and using Florida’s stand your ground law as support, you may have difficulty proving just how scared you were that your life was at risk. This is a difficult aspect of self-defense cases and how stand your ground applies, however, the prosecution in a murder case will have a difficult time proving that you did not reasonably believe your own life was at risk. Because self-defenses are so difficult, and Florida’s stand your ground law is not always crystal clear, you need the assistance of a highly skilled attorney who will stand by your side throughout the entire process.
If you or a loved one is facing serious criminal charges and you believe Florida’s stand your ground law applies to the facts of your case, it is crucial that you make contact with a seasoned Tampa Criminal Defense Attorney as soon as possible after you have been charged with a crime. Tampa Criminal Defense Attorney Marc A. Joseph, P.A. is very familiar with Florida’s stand your ground law and has been providing outstanding legal representation to his clients since before the stand your ground law was enacted in 2005. With this experience, Marc A. Joseph, P.A. has a much better understanding of the stand your ground law and when it applies in each particular situation.
Florida’s Stand Your Ground Law
Florida’s stand your ground law states that an individual is justified in using deadly force against another person if he or she reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to him or herself, or to prevent imminent death or great bodily harm to another person. Stand your ground often comes into play with home invasions where a homeowner is vulnerable to death or serious bodily harm from an intruder’s conduct. Stand your ground may also come into play when an individual is walking down the street and he or she is robbed with the use of a deadly weapon.
What Florida’s stand your ground law does is take away any requirement that an individual has a duty to retreat or take all steps possible to avoid inflicting deadly force on someone in an act of self-defense. The stand your ground law allows an individual to use deadly force so long as the individual reasonably believed such deadly force was necessary to avoid imminent death or serious bodily harm.
As such, Florida’s stand your ground law provides some support for individuals who act in self-defense and can prove their conduct met the requirements of the statute. There are situations where retreating from a dangerous situation would only increase the risk of serious harm or death, so Florida’s stand your ground law allows individuals in those very dangerous situations to have a way of lawfully protecting themselves or their loved ones nearby.
Florida’s stand your ground law will not protect every act of self-defense. While it does broaden the scope of what is considered self-defense in Florida, the abolished duty to retreat does not apply to any individual committing unlawful activity or being present in a place he or she cannot lawfully be at the time the act of self-defense occurred.
Further, an individual cannot rely on Florida’s stand your ground law if he or she committed a forcible felony and attempted to escape or did in fact escape after committing the crime. Another exception to Florida’s stand your ground law is that an individual who provokes a violent situation that results in a person’s death will not be able to use Florida’s stand your ground law to justify his or her conduct.
Applying Florida’s Stand Your Ground Law
If you have been charged with murder and you believe Florida’s stand your ground law justifies your conduct in defending yourself, you must seek to prove your conduct fell within the confines of the stand your ground law. With the help of a qualified Tampa Criminal Defense Attorney, you can essentially seek dismissal of the criminal charges against you if it is determined that your conduct was in compliance with Florida’s stand your ground law. The prosecution cannot go forward if your act of killing another was clearly within the limits of what Florida’s stand your ground law allows, and this determination is made by a court.
Why You Need to be Selective When Choosing a Tampa Criminal Defense Attorney
There are a number of skilled and reputable Tampa criminal lawyers available to provide you with legal representation. However, when facing a criminal charge where self-defense becomes a major issue in the case, you need an attorney who has superior knowledge when interpreting and applying Florida’s stand your ground law to each case where a client is facing murder charges. If your attorney does not have the experience and dedication to argue that your conduct conformed with Florida’s stand your ground law, then you are at risk for facing a sentence of life in prison if you are ultimately convicted.
With so much on the line, you need to ensure the attorney you choose has the qualifications necessary to truly provide you with the best legal representation possible. Tampa Criminal Defense Attorney Marc A. Joseph, P.A. evaluates each client’s case to ensure no fact has been overlooked. Even the smallest, what seem to be miniscule facts, can be game changers. Marc A. Joseph, P.A. uses your story about what happened to you to demonstrate that you reasonably believed you might be killed or seriously harmed if you yourself did not defend yourself by using deadly force. With the guidance of a Tampa Criminal Defense Attorney like Marc A. Joseph, P.A., you will be in a good position to fight the criminal charges against you.
Contact Tampa Criminal Defense Attorney Marc A. Joseph, P.A. Today for a Free Consultation
When facing a criminal charge that involved an act of self defense, it is imperative that you speak with a Tampa Criminal Defense Attorney right away to determine if Florida’s stand your ground law applies to your situation. If you had a legitimate reason to defend yourself, you should not be found guilty of any crime regarding the serious injury or death of another individual if you reasonably believed imminent death or serious bodily harm was a real possibility. Tampa Criminal Defense Attorney Marc A. Joseph, P.A. has more than 16 years of experience helping clients face crimes of violence and weapons charges. Marc A. Joseph, P.A. has been practicing law since before Florida’s stand your ground law came into effect. As such, he has the knowledge and experience necessary to help you fight a criminal charge where you acted in self defense to protect yourself or another individual. If you would like to speak with Tampa Criminal Defense Attorney Marc A. Joseph, P.A. about criminal charges you are facing, contact our office today by calling (813) 234-6374 to schedule your free consultation. Marc A. Joseph, P.A. is available 24/7 to answer your questions and address your concerns.