Thank you for asking me “Can you use Stand Your Ground in any Criminal Case?”
No. Stand Your Ground only applies to cases where you did not retreat and where you had to use force to defend yourself, to defend others or to defend your property. For example, SYG will not work as a defense to a Grand Theft or a DUI case because there is no need for you to use force to defend yourself, to defend others or to defend your property in either a Grand Theft or a DUI case.
That said, SYG can apply to all sorts of crimes where you did not retreat and where you had to lawfully exercise your right to selfdefense, defense of others or defense of property. For example you may be able to use SYG as a defense to battery, aggravated battery, aggravated assault – with or without a firearm – for murder or for attempted murder or for any other crime where you did not retreat and where you had to lawfully exercise your right to self-defense, defense of others or defense of property.
The key is that your use of force must have been done in response to something that caused you to believe that you HAD to use to force in self-defense, in defense of others or defense of property, and what differentiates SYG from traditional self-defense is the fact that you had no duty to, and that you did not retreat, before using reasonable force.
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
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
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Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
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