In 2020, 2 men were arrested for the murder of Junior Salomon in Palm Beach Florida. The 2 men, Bonnelly Fernandez and Mark Afanador, owed Salomon $500 and when Salomon came to retrieve the money and was denied, the reported gunfire started from a third party, Salomon’s driver. However, the charges were dropped under Florida’s “Stand Your Ground” laws according to UniCourt.
So what is standing your ground?
What is Standing Your Ground?
In Florida, under the Florida Statutes Section 776.013, you have the right to protect yourself and your property. This means that:
- You do not have to retreat
- You can threaten to use deadly force
- You can actually use deadly force
Standing your ground means you have the right to stand your ground and threaten to use deadly or non-deadly force to prevent imminent death or great bodily harm to himself or herself. Some examples can include:
1. Home Invasion Scenario
A homeowner hears someone breaking into their house late at night. The homeowner, fearing for their life and believing the intruder is armed, uses a firearm to shoot the intruder. Under Florida’s Stand Your Ground law, the homeowner may not have a duty to retreat and can claim self-defense if they believe they are in imminent danger.
2. Carjacking Attempt
A person is sitting in their car when a stranger approaches with a weapon and demands the vehicle. The driver, fearing for their life, draws a gun and shoots the would-be carjacker. Florida’s law could protect the driver from criminal charges as long as the use of force was deemed reasonable in the face of the threat.
3. Public Altercation
During a heated argument in a public place, one individual brandishes a weapon and threatens to kill the other. The threatened individual, believing their life is in immediate danger, uses deadly force to stop the assailant. In this scenario, the Stand Your Ground law might apply, especially if retreat wasn’t a safe or viable option.
4. Self-Defense in a Parking Lot
A person is attacked in a parking lot by an assailant who starts beating them. The person being attacked pulls out a weapon to defend themselves. Under Florida’s law, they may not be required to “retreat,” or run away, and can use deadly force if they genuinely believe they were in danger of death or serious injury.
Defenses
To successfully claim a “Stand Your Ground” defense in Florida, the person asserting the defense must provide evidence to support their claim.
1. Reasonable Fear of Imminent Harm
The defendant must demonstrate that they had a reasonable belief that they were in imminent danger of death, serious bodily harm, or a forcible felony. The fear must be genuine, and the perception of threat needs to be credible under the circumstances.
- Key Evidence:
- Testimony of the defendant about their state of mind at the time.
- The severity of the attack, such as weapons or physical assault by the other party.
- Medical records or physical evidence of injuries suffered by the defendant.
2. Presence in a Lawful Location
The law only applies if the person asserting the defense was in a place where they had a legal right to be, such as their home, workplace, or a public area.
- Key Evidence:
- Documentation or testimony showing that the defendant was legally present in the location at the time of the incident (e.g., being in their own home or vehicle).
3. Use of Proportional Force
The force used must be reasonable and proportional to the threat faced. If deadly force was used, it must be shown that the threat posed by the attacker justified such a response.
- Key Evidence:
- Witness testimony of the incident (e.g., confirming the presence of a weapon).
- Forensic evidence (e.g., bullet trajectories, physical evidence of the attack).
- Surveillance footage, photos, or videos capturing the altercation.
- Expert testimony about the reasonableness of the defendant’s actions.
4. No Duty to Retreat
While the law removes the duty to retreat, it’s helpful to show that retreat was either not an option or that the defendant did not feel safe doing so.
- Key Evidence:
- The layout of the location shows the lack of escape routes.
- Testimony about the rapid development of the incident, preventing safe retreat.
- Statements from witnesses confirm the sudden or overwhelming nature of the attack.
5. 911 Call or Immediate Reporting
Calling 911 immediately after the incident and cooperating with law enforcement can help bolster the defendant’s credibility by showing that they were not attempting to flee or hide their actions.
- Key Evidence:
- 911 recordings showing the defendant’s account of the situation in real-time.
- Statements to law enforcement immediately after the incident.
6. History of Violence or Threats by the Attacker
If the attacker has a history of violence or has previously threatened the defendant, this can further support the claim that the defendant had a reasonable fear of harm.
- Key Evidence:
- Prior police reports or restraining orders involving the attacker.
- Testimony from people familiar with the attacker’s violent tendencies.
Additional Resources
- Florida Statutes Section 776.013: Florida statute defines standing your ground.
- Self-Defense and ‘Stand Your Ground’: The common law of standing your ground or self-defense in the United States.
Contact a Lawyer | Criminal Defense Attorney for Hernando County
If you are considering a qualified defense attorney for in Brooksville, North Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, or Bushnell, Florida, it is best to contact him as soon as possible after your arrest. Ashley Aulls has practiced law since 1996.
The Law Office of Ashley Aulls, P.A. can even represent you in any hearing in Hernando County, Pasco County, Citris County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.