C_Clayton_Jones
Diamond Member
In Florida:
so long as he is in a place where he is lawfully entitled to be when the danger occurs.
Which could be construed as applying to self-defense in ones neighborhood, particullary a so called gated community.
This is likely why Zimmerman hasnt been charged.
The law also prohibits wrongful death civil suits by the family of a person killed in such circumstances.
The Stand Your Ground Law introduced two (2) conclusive presumptions that favor a criminal defendant who is making a self-defense claim:
The presumption that the defendant had a reasonable fear that deadly force was necessary; and
The presumption that the intruder intended to commit an unlawful act involving force or violence.
These two presumptions protect the defender from both civil and criminal prosecution for unlawful use of deadly or non-deadly force in self-defense. In addition, the defender/gun owner has no duty to retreat, regardless of where he is attacked, so long as he is in a place where he is lawfully entitled to be when the danger occurs.
Tampa, Florida Weapons Defense Lawyer :: Florida’s “Stand Your Ground” Law and Self-Defense :: Pasco County, Florida Criminal Attorney
so long as he is in a place where he is lawfully entitled to be when the danger occurs.
Which could be construed as applying to self-defense in ones neighborhood, particullary a so called gated community.
This is likely why Zimmerman hasnt been charged.
From the sound of it, the kid's family was well advised to pursue the civil route. It sounds just muddled enough to make it difficult to prosecute for the state.
The law also prohibits wrongful death civil suits by the family of a person killed in such circumstances.