LI: Florida Senate Eases Threshold for Self-Defense Immunity

From my post over at Legal Insurrection:

Yesterday, on the 4th anniversary of the self-defense shooting of Trayvon Martin, we wrote about Florida’s just enacted changes to its “10-20-Life” mandatory minimum sentencing law in the context of aggravated assault and self-defense.

There is also another substantive change to the state’s self-defense law that is advancing through the Florida legislature: a reduction in the threshold for obtaining criminal and civil self-defense immunity.

More specifically, the Florida senate has approved a change to the state’s self-defense immunity law that would require state prosecutors to disprove self-defense by clear and convincing evidence in order to deny a defendant immunity from prosecution (and civil suit).

Although this change to self-defense immunity is not yet law, it has been modified from a less tenable version such that its prospects for becoming law are much improved. Let’s take a look at the specifics of this proposed change.

Florida State Senate Lowers Threshold For Obtaining Self-Defense Immunity

The Florida senate has approved a change to the state’s self-defense immunity law such that instead of a defendant having to prove self-defense by a preponderance of the evidence, as is currently the law, state prosecutors would have to disprove self-defense by clear and convincing evidence.

Do read the whole thing by clicking here.

About the Author

Andrew Branca
Andrew F. Branca, Esq. is currently in his third decade of practicing law, and is an internationally-recognized expert on the law of self-defense of the United States. Andrew is a Guest Lecturer at the Federal Bureau of Investigation’s National Academy, a former Guest Instructor at the Sig Sauer Academy, an NRA Life-Benefactor Member, and an NRA Certified Instructor. He also teaches lawyers how to argue self-defense cases as a certified instructor with the Continuing Legal Education (CLE) system in numerous states around the country. Andrew is also a host on the Outdoor Channel’s TV show “The Best Defense” and contributor to the National Review Online. Andrew has been quoted as a SME (subject-matter expert) on use-of-force law by the Wall Street Journal, the Chicago Tribune, the Washington Post, and many other mainstream media, including nationally syndicated broadcast media. Recently, Andrew won the UC Berkeley Law School debate on “Stand-Your-Ground,” and spoke at the NRA Annual Meeting Law Symposium on self-defense law. He is also a founding member of USCCA’s Legal Advisory Board. In addition to being a lawyer, Andrew is also a competitive handgun shooter, an IDPA Charter/Life member (IDPA #13), and a Master-class competitor in multiple IDPA divisions.

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