Stand Your Ground in Florida: Just or Unjust?
There has been much debate over the “Stand Your Ground” Law in Florida. Typically, this law allows individuals to have more protection when it comes down to self-defense. Residents do not have to walk away from a situation anymore to avoid any deadly confrontations.
Robert Batey, a Stetson University College of Law professor, states that people think they have more rights than what the “Stand Your Ground” law actually entails. This can cause more damage and problems than before. People are now using more deadly force than they would have thought twice about using before the law was set in stone.
There was an incident earlier in the year with a two residents. Charles Podany, a Florida resident, sped through a neighborhood. A resident attacked him for this transgression and Podany shot the man as self-defense. Stephen Romine, Podany’s attorney, cleared this charge for him using the “Stand Your Ground” law.
Facts about Stand Your Ground
• The law began in 2005.
• Various courts take different approaches to each case.
• Counties in the northern part of Florida have the ability to take action when the other party is retreating.
• Judges in Hillsborough feel that the law applies to certain defendants, but it does not extend protections to all other defendants.
• It is important that pre-trials be held so the judge can decide if the action was properly considered self-defense.
It makes it quite difficult to draw the line on what is considerable as a self-defense act and what is not. An incident occurred last year that got Maurice Moore charged with murder. The defendant claimed he was using self-defense when he shot more than a dozen bullets into one of his rivals, while he was sitting in his car in West Little River. Moore claimed he shot the bullets in self-defense, but the officers seem to differ on the situation.
Unfortunately, because of the “Stand Your Ground” law, officials had to drop the charges facing Moore. Some Miami criminal defense attorneys can justify his or her clients actions with this law, but it does seem a little terrifying to know that some residents will not have to face prison time if they kill another citizen simply because of this law.
There has been some confusion on what exactly constitutes actions as self-defense and how to apply the new law to cases. Miami criminal defense attorneys can help their clients in any situation, and will try to help their defendants receive the least punishable sentence.
