LI: Florida Effort to Change Burden on Self-Defense Immunity Fails

Here’s the intro:

A couple of months ago we posted here about the effort of Florida legislator Dennis Braxley to change Florida’s self-defense immunity law: Major Change Proposed for Florida Self-defense Immunity Law.

Under the proposed change a person claiming self-defense immunity for their use of force against another could be denied that immunity only if the prosecution could disprove self-defense beyond a reasonable doubt. That effort has now failed, reports the Bradenton Herald.

Current Florida law will remain in effect, requiring that a person claiming self-defense immunity bear the burden of proving self-defense by a preponderance of the evidence. That legal standard had been applied by the courts for several years, and then was explicitly affirmed by the Florida Supreme Court in a 5-2 decision this past July. That decision, Bretherick v. State, 170 So. 3d 766 (FL Supreme Court 2015), is embedded below.

To read the whole thing, click over to Legal Insurrection.

About the Author

Andrew Branca
Andrew F. Branca is a Massachusetts lawyer and the author of the seminal book “The Law of Self Defense, 3rd Edition,” available at the Law of Self Defense website (autographed copies available) and Amazon.com (paperback and Kindle), and many other re-sellers. Andrew just launched his latest product, the LOSD Instructor Program, designed for gun safety, marksmanship and tactical strategy instructors. Be an elite member of the self defense community, understanding your state's self defense laws to a depth even lawyers rarely achieve. Check it out here.   Andrew also gives live, in-person, ~5 hour-long state-specific Law of Self Defense Seminars all over the country. Click here to find a live seminar covering your state's self-defense laws.   Andrew also produces many 4-5 hour online, on-demand state-specific Law of Self Defense training courses. These online classes are enriched versions of the live, in-person state-specific Law of Self Defense Class Andrew gives all around the country. Click here to find an online course for your state. These online classes are priced at $249/HOUSEHOLD. You can learn more details and view the first section of the training class for free (about 30 minutes worth of self-defense law training) by clicking here.

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