|Source : lawfuel.com|
Florida’s “Stand Your Ground” law is probably one of the most controversial and volatile pieces of legislation I have seen in my 25 years of legal experience as a practicing attorney in Florida. This law creates an “immunity” from criminal prosecution for those who use “justifiable force,” including “deadly force,” to defend themselves from someone who is using “imminent… unlawful force.” Found in Florida Statute Section 776, it became infamous by George Zimmerman in the Trayvon Martin trial.
This week, how the Stand Your Own Ground Law defense can be used in a civil lawsuit was interpreted by a Florida appellate court. The case involved a personal injury claim that emerged from a criminal case, where the State of Florida charged Jose Alvarez, a Miami roofer, with aggravated battery with a deadly weapon for severely beating his co-worker, Derrick Roy Flemmings, with a baseball bat.
The attack occurred at their place of employment, a roofing company called Professional Roofing and Sales, located in Miami. In the criminal proceedings, the trial judge conducted an evidentiary hearing that included testimony from both Mr. Alvarez and his wife, as well as Mr. Flemmings. He dismissed the case, and found that Mr. Alvarez’s use of the baseball bat was justified under Florida’s Stand Your Ground Law. Read More News>>