Fort Myers, Florida, What is a Stand Your Ground Defense After an Assault?

Assault is a serious crime that has significant legal penalties. Victims of assault need to understand the rights they have, and what they are allowed to do if they are assaulted. According to the law, particularly the Stand Your Ground statute, individuals in Florida are allowed to defend themselves and even meet force with force if they are being assaulted. However, in order for this to be fulfilled, they have to meet certain criteria.

For the Stand Your Ground law to become applicable, individuals have to:

• Be engaged in lawful activity
• Have permission to be in the area they are in
• Have a reasonable fear of harm or death caused by the other person

If these two conditions are met, and a person is assaulted, they are allowed to stand their ground and fight back in the name of self-defense. In many cases, individuals who are arrested for the assault were just acting in self-defense. If this is the case, a criminal defense lawyer can create a defense to try and have the charges dropped or reduced at the very least. According to the Stand Your Ground law, individuals will have to provide evidence that proves that they were acting in self-defense. Gathering this evidence is best done through an investigation in which an assault lawyer looks at all the events that led up to the assault and preserve the required proof to turn the case around for one better.

If a person is charged with a forcible felony, then they can use the Stand Your Ground defense because a person was forced to use threatening physical force against another person who was trying to harm them. The main purpose of their act should be to defend themselves from clear harm and aggression by another individual.

It is vital to keep in mind that there are certain conditions in which the Stand Your Ground rulings do not apply. For instance, individuals are not allowed to use force against an officer when they entered an area where the officer was already working. They are also not allowed to use deadly force unreasonably under any condition. If the situation did not entail the use of deadly force, then it should never be used as this can lead to significant legal penalties.

Reaching Out to a Criminal Defense Attorney for Assault in Fort Myers, Florida

Facing an assault conviction can change a person’s life drastically, as this charge will likely affect a person for the rest of their life. Once a person is convicted of assault, whether it is simple or aggravated, they can face significant jail time as well as have to pay serious fines.

Anyone who is facing criminal charges for assault should reach out to a lawyer at Robert Foley Law as soon as possible.

Reach them at:

(239) 690-6080

[email protected]

2401 First Street #255

Fort Myers, FL 33901