Miami Legal Tips Blog

‘Stand Your Ground’ Now Includes Warning Shots

stand your groundThe state of Florida recently updated its so-called Stand Your Ground law – which gained national attention during the televised and highly publicized trial of George Zimmerman — to avoid criminal punishment for citizens who, in order to protect themselves, say they’ll use a gun or who fire a warning shot.

Governor Rick Scott signed the bill, which was partially brought about by the case of a 33-year-old woman, Marissa Alexander, who had been given a 20-year jail sentence for firing a gunshot during an argument with her allegedly abusive husband.

Attorneys for Alexander first tried to claim that her actions were in self-defense and that the shot was merely to warn her spouse. However, jurors did not buy the argument. The case was subsequently appealed, the conviction overturned and a new trial ordered.

In commenting on the case, a legal correspondent for ABC News observed that the Stand Your Ground principle would probably be used in more cases down the road.

“The goal was to expand those special stand-your-ground provisions to firing a warning shot, to expand use of it as a tool for people accused of a crime to claim a form of self-defense,” said Dan Abrams.

Abrams went on to note that the new law contained a change in language that might affect how it could be applied in some situations. The law had previously stated that a citizen relying on Stand Your Ground needed to “reasonably believe it is necessary” to apply force in order to avoid bodily harm. The revised law says that using force or threatening to do so toward another is permissible only if the person believes that they are in imminent danger.

That change could make it harder for, say, a person in his or her own home to invoke Stand Your Ground.

Even so, Abrams noted, the change did not yet appear to be one that concerned vocal lobbying groups such as the National Rifle Association. Or even those who were instrumental in creating the law.

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