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Immunity, Stand Your Ground

Posted by John P. Rutkowski | Dec 09, 2019 | 0 Comments

Immunity -- Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend's EBT card. The defendant's requests for immunity and dismissal pursuant to section 776.032 are granted. State failed to prove that defendant was not entitled to immunity by clear and convincing evidence. The Court rejects the state's argument that defendant did not have the authority to demand return of EBT card or otherwise discipline minor son where state chose to charge defendant with domestic battery, not battery.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.

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