Stand Your Ground In Florida. Listen to these facts. What you need to know!

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Discussing the case of Brethrick v. State 170 So3d 766. If you own a firearm in Florida you must understand the law or you will be facing felony charges. Listen carefully to the facts of this case and what is discussed. The goal is to to educate the public on firearms and discuss problems with various fact patterns. Listen to this law. Pay attention. You do not want to get arrested. If you do you want to make some better arguments. Its appears from my analysis that the defense here missed some important issues including breach of peace and citizens arrest. If your attorney misses the argument it is waived. Make sure you have an attorney that knows the law. Conclusion by Supreme Court Of Florida "While we recognize that the Stand Your Ground law is intended to be an immunity from prosecution as opposed to just an affirmative defense, the immunity is not a blanket immunity, but rather, requires the establishment that the use of force was legally justified."
Florida Statute 776.032. Immunity from criminal prosecution and civil action for justifiable use or threatened use of force

(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.
(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
(4) In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).
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I agree with the state. After he showed his gun the danger was over but the defendant had to escalate by pointing the firearm at him

kurtmiller
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As soon as you said he exited his vehicle and walked towards the other man's car I knew it wasn't going to end well for him legally. I love hearing about cases like this cuz it helps me to better prepare myself if ever in that situation. I think it would have been best to drive away after the threat ended. Thanks for the great information God bless you brother

wendyandmatthew
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should have never gotten out of his car threat was over after guy returned to his truck he could have kept still defending his self and family from car only

stephaniealtman
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If the aggressor backs off & returns to his car....that's when you get back in YOUR car and GTFOT!!!

dangard
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Once the aggressor back down there was no longer a threat. He could have went on his way but he went from being a victim to being the aggressor.

lilvandall
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Should have never got out of the car and walked up to the truck..he rightfully got charged

lannyseals
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The court is absolutely correct on this.

wellsmr
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Omg... All parties in this case were idiots. Free legal advice: If you conceal carry on the daily, avoid any road rage instances at all costs.

After the aggressive driver cut the defendant off and stopped on the highway, there's multiple opportunities to simply drive around said lunatic & carry on about your business. There's absolutely ZERO justification to exit the vehicle once the initial aggressor is retreating.

TekniQx
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Sorry but I agree with the police on this one judging by the facts provided had the guy that cut them off had jumped out holding a tire iron, knife, or firearm and was shot by the defendant then he would have had a stand your ground case, all the defendant needed to do was write down the tag number and call police not hold him hostage at gun point.

notchagrandpa
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Situation never got to the level where self-defense was necessary. Threat was over when the guy retreated to his truck. The tables were turned, when he decided to exit his vehicle and approach the truck with his firearm. C'mon folks, its not that hard.

lfuaau
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Just found your channel and subscribed thank you. Where do you practice?

dave
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Makes perfect sense to me. You can’t be innocent if you’re then walking toward the guy after he walks away. If he would’ve got out of the car and went behind his car and called the police I feel he would have been fine especially if he thought the man were to retaliate by going to his car and retrieving a firearm himself. By what he did he obviously was not afraid.

whitebeltbjj
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I had this same situation happen to me and the cop told me stand your ground doesn’t apply to your car

textman
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I totally agree with the Judge decision. Because he was no longer in fear after the guy retreated but when you then follow him with your fire arm you are no more in danger

tonyslice
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Great that's awesome video tutorial well explain you took all the confusion out of the stand your ground law as in the dreka trial that guy was convicted and tried to use the stand your ground law I would like a better understanding on the castle doctrine law?

fashionstreet
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I agree with the Court.
You have a right to defend yourself.
You don't have a right to enforce laws without 51%.

saintmichael
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I think the law is fair. The weapon served its intended purpose. As with nuclear weapons others knowing you’re equipped did the trick and prevented any further escalation.

jelambertson
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I left FL in December went to West Virginia FL had WV serve restraining order on me and now I'm charged with mistermeaner battery In FL but I live in NY have no way back to Florida how should I handle this

RoyJones-jhsw
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Good information, thanks for posting.

jamesmiller
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Can I use my gun in a situation where someone is shooting randomly or committing a crime, with a gun, against someone else?

jessehadaway