Thank you for asking me “What is Stand Your Ground?”
Stand Your Ground (SYG) is a pretrial motion that seeks a Court Order granting you absolute immunity from criminal prosecution.
When you use SYG you basically say to the Court: “I should not have been arrested because I was lawfully defending myself at the time.”
The concept of SYG stems from the common law “castle doctrine”, which held that you have no duty to retreat when you are on your own property and you reasonably believe that you must use force to protect yourself, your property or another.
The main difference between traditional self-defense and SYG is that SYG removes the duty to retreat and extends the lack of a duty to retreat to anywhere within the entire, State provided that you are found to have been acting reasonably under the circumstances.
I know this is a bit confusing, so here’s an example: You’re drug dealer on a street corner. A guy comes towards you, reaches into his waist band and draws a firearm. You, believing that you are in imminent danger of being robbed or killed, draw your firearm and shoot the guy. Even though you are a drug dealer, under FL’s SYG law you used that amount of force which was reasonably necessary under trhe circumstances to defend you own life. You had no duty to retreat and it makes no difference that you were engaged in an unlawful activity at the time.
The idea with SYG is that it doesn’t matter who you are, where you are or what you are doing. What matters is that you acted reasonably under the circumstances and that you have no duty to retreat and no obligation to get yourself killed.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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