The Stand Your Ground Law in Florida Has Two Second-Degree Murder Charges under Review
Twenty four year old, Damon Darling, and thirty one year old, Leroy Larose, are currently the talk of Florida right now. Florida residents know of these two defendants because of their slaying of a nine-year-old girl, Sherdavia Jenkins. The murder took place in 2006 in a Liberty Housing project.
These two defendants are facing a jury trial together with the help of their Miami criminal lawyers. The charges for Darling and Larose are second-degree murder of Jenkins and first-degree murder for attempting to kill each other. The two defendants got into a shoot out in broad daylight back on this terrible day in 2006. One of the bullets fatally struck Jenkins, killing her. Both defendants claim they were shooting in self-defense.
Larose eventually pled guilty to his charge. He will end up serving ten years probation after his served prison sentence. Darling’s rifle bullet was the one that struck Jenkins and killed the young girl. This case falls under the Florida law of “Stand Your Ground.” Since 2005, the “Stand Your Ground” law has given residents the right to protect themselves by using self-defense other than just on his or her property.
It seems this encounter of self-defense took place during a drug deal in the Liberty Housing project. Because of his carelessness, Darling will spend up to fifty years behind bars. Their shooting rampage, or self-defense, cost an innocent nine year old her life, and it is only right that her parents and family want to see these men pay for their crimes.
The jurors in the case do not believe that Darling intentionally wanted to kill the girl, but more or less that Jenkins was in the wrong place at the wrong time. She was playing in her front yard…that does not seem like the wrong place. The defendants were definitely at fault here. Miami criminal defense attorney states that the “Stand Your Ground” law covers Darling because he fired after Larose pointed the weapon at him first.
Unfortunately, prosecutors are claiming that Darling cannot benefit from this law because he is a convicted drug felon who cannot legally carry a firearm. The “Stand Your Ground” law is for those residents that act lawfully, and as said Darling does not fit this description.
Stand Your Ground
The Florida law helps residents with self-protection or self-defense. There are four main components, which are:
1. Visitors and law-abiding residents may threaten intruders of his or her home or automobile with force, including deadly force.
2. If an individual is at a place that he or she has every right to be at, and another individual comes up causing problems or jeopardizing his or her life, then that said person can attack back with force as self-defense. This is only appropriate if the person feels it is necessary to keep themselves safe from their attacker.
3. Any individual using a self-defense tactic cannot be arrested unless officials see the incident as being unlawful.
4. If there is a criminal trial and the “Stand Your Ground” law lawfully protects the defendant then he or she will receive all costs of defense.
This is a very serious law for all Florida residents. All Miami criminal defense attorneys will help his or her clients in the best way he or she can. It is always in one’s best interest to hire a Miami criminal lawyer to represent the case appropriately.
