stand your ground
When met with possible harm, it is a natural instinct to feel the need to protect yourself, your home and your family. There are laws that make it possible to do just this, and not face the possibility of criminal charges against you. The problem is that the laws are not clear and this creates difficulty in proving the motive for your actions.
No one knows better than George Zimmerman the problems with the Stand Your Ground law, and it seems there are no answers to this complex legal issue today any more than there were a few short years ago. The most recent Floridian to find herself in a battle over whether her actions were justified is Janepsy Carballo. The Miami woman is charged with a revenge killing, but insists she was acting in self-defense:
● In 2008 Carballos’ husband was gunned down in front of their house.
● One of the alleged shooters (Nissim) was a business partner of Mr. Carballo, and after the incident Janepsy was persuaded to obtain information from the shooter to use as evidence.
● Ultimately, Nissim also lost his life and prosecutors say Mrs. Carballo pulled the trigger out of revenge. Carballo denies this claim and says she was acting out of self-defense.
It remains to be seen how this case will resolve. One thing is for sure though, the right to defend yourself seems to be getting whittled away at more and more every day. It is important to know what you can and cannot do when defending yourself or your property, because avoiding criminal charges for the act of keeping your family safe should not be one of the things that crosses your mind when a threat crosses your path. We keep on top of the most recent developments and legal decision in the state so we can give you the best possible defense.
If you’ve been charged with a crime, call an experienced criminal defense attorney for help. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you reach workable solutions. Your first visit is a free initial consultation.
The Stand Your Ground Law is well-known throughout the country. Several states have a version of this defense that allows a person to protect their body and home from mortal danger, by returning fire. But, like most rights, if you are a convicted felon you may not be able to take advantage of this defense. Maybe
Ever since George Zimmerman “stood his ground” and the death of Trayvon Martin was the result, the Courts have been flooded with issues surrounding this defense. The time is ripe for a decision on this important issue. A recent ruling has proved controversial and could have wide reaching impact:
● The Second Amendment Right to Bear Arms is not a constitutional provision the Courts take lightly.
● The 4th District Court of Appeal recently ruled a felon may use the stand your ground defense.
The problem? A felon is usually prohibited from possession of a firearm. In fact, in some cases it would be a violation of probation to possess a gun. If found to be in possession while on probation, the defendant would likely have their probation revoked and face the initial charges that prompted the probationary period. And consider this wrinkle, if the stand your ground defense is being offered it is possible the defendant was not only violating probation by possessing the gun, but perhaps by engaging in the activity that necessitated use of the firearm. While the basic concept of the defense that you are permitted to meet deadly force with deadly force would seem to absolve a person using this defense of any criminal wrongdoing, that is not always how the cases end. To find a way of this legal maze and the criminal charges against you, it is vital to call a skilled criminal defense attorney. A thorough investigation into the facts and circumstances of your case, how you came into possession of a gun, and whether doing so is a violation of probation with felony conviction implications must be made. Call one of our experienced criminal defense attorneys for help.
If you need help with a probation violation, weapons charge, or other criminal defense matter, call a competent criminal defense attorney in Stuart and the Treasure Coast. We offer aggressive representation for all the charges against you. The first visit is a free initial consultation. Call today to schedule an appointment.
Nowhere more than in Florida is the spotlight on self-defense. Time and again defendants are claiming they’ve acted out of self-defense. But with high profile cases, media frenzy and attention given to nearly every move made, being successful when claiming self-defense is an increasingly difficult task. The legal professionals at the Ferraro Law Group are skilled at clearing the hurdles in place when advancing a defense of self-defense.
A recent story shows using the stand your ground law is being used with more frequency. While the Treyvon Martin case may have put the spotlight on the law, there are others availing themselves of the right to self-defense. Marissa Alexander recently learned her ability to claim self-defense will soon be decided. Alexander’s case includes:
● Three counts of aggravated assault.
● Alexander’s claim that she was simply firing a warning shot during an incident with her estranged husband.
● Alexander is currently appealing her conviction, based on her lawyers successfully arguing the evidence was incomplete to warrant the conviction.
To use the stand your ground defense, the facts must show that you were in fear of grave bodily harm or death from a perpetrator. Additionally, that perpetrator must be in the process of unlawfully or forcefully entering a dwelling, residence or occupied vehicle. As has been shown, the facts can become confusing. What one person perceives as a threat, another may not. It is the job of a competent criminal defense attorney to present your case in a light most favorable to you. We have experience in criminal defense, and in presentation of facts in a clear and understandable way. Being able to artfully articulate the circumstances under which resort to self-defense was necessary is the first step in a successful case.
If you are charged with a crime where you actions were in self-defense, call an attorney knowledgeable about the stand your ground law. Experienced criminal defense attorneys in Stuart and the Treasure Coast are here to help. Call today to schedule a free initial consultation.