The Stand Your Ground Defense allows a person arrested for a criminal charge to file a motion with the court requesting that the charges be dismissed. The court holds a hearing prior to the jury trial in order to determine whether the person invoking his right to “stand his ground” has immunity from prosecution. If the arrested person wins the motion, the criminal charges are dismissed. I currently have a motion to dismiss set on the basis of Stand Your Ground in a Winter Haven case. If the motion is denied, a writ can be filed for review by a higher court. If denied, the case would proceed to trial and the jury would determine whether the individual on trial was entitled to stand their ground or use self-defense.
The “Stand Your Ground” law can be used as a defense to a number of criminal charges, but is most often seen in battery or murder cases. If you have been arrested and think you had a right to “Stand Your Ground” call an experienced crimianl defense attorney who has handled these types of motions and cases.
Thomas C. Grajek – Polk Criminal Lawyer
863-688-4606
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