Florida’s Stand Your Ground Amendment

The Florida Legislature on May 5, 2017, passed a bill that now puts the burden on the prosecution to prove by “clear and convincing” evidence to overcome a person’s request for immunity from criminal prosecution in a ‘Stand Your Ground’ case. For years now, if a person charged with a crime in Florida filed a Motion to Dismiss seeking immunity from prosecution under the stand your ground statute, the burden at a pre-trial hearing on such a Motion to Dismiss was on the Defendant. Now, the Florida legislature has agreed that once the Defense raises the inquiry, and puts on a foundational basis for a Motion to Dismiss under the stand your ground statute, the Florida prosecutor is now charged with having the burden to overcome the Motion, by what is referred to as clear ands convincing evidence, which is a much more higher standard that just a prima facie showing or probable cause. The level of proof now put on the state in such stand your ground hearings is just below beyond a reasonable doubt. The bill is now on its way to the Governor’s office for review and to become the law of Florida. Stayed tuned…