Friday, December 9, 2011

Certain Instances of Assault and Battery May Be Protected Under Florida’s Stand Your Ground Law

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Florida’s Stand Your Ground law may affect assault and battery charges.

Issue:

A Tampa man who stabbed another man in the head with an ice pick during a road rage confrontation may not be criminally charged due to Florida’s “stand your ground law.”

The altercation occurred Monday, November 21, 2011 when an older man allegedly stabbed a younger man in the head after cutting off the victim’s vehicle.  The victim sped around the alleged offender’s car, stopped his vehicle and walked toward the older man’s car.  The victim was 6-foot-3 and weighed 260 pounds.  The alleged offender was 6 feet tall and weighed 150 pounds.  The men engaged in an argument and the elder, smaller, alleged offender stabbed the larger, younger, unarmed alleged victim in the head with an ice pick. State prosecutors have yet to make a decision on whether they will file criminal charges against the older man.



Why This Matters To You:

Any individual who has been charged with battery, aggravated battery, assault, aggravated assault or domestic violence in St. Petersburg may be protected under the “stand your ground” law in Florida and avoid criminal charges or a criminal conviction for their alleged offense.

The stand your ground law basically states that any person can use deadly force and not be charged with a crime if they feel they are threatened by death or great bodily harm.  This law is also more commonly known as self-defense.  Alleged offenders may be able to use this defense even if the person they felt threatened by was not armed with any type of weapon.  Other defenses used in criminal cases that are similar to the “stand your ground” law can include justification, defense of others, and defense of property.


What To Do Next:

If you have been charged with an assault or battery offense in the Tampa Bay area, contact a St. Petersburg Assault and Battery Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help. Attorney Melinda Morris has specific knowledge and experience in representing violent crime offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).