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Immunity, Stand Your Ground law

Posted by John P. Rutkowski | Sep 20, 2019 | 0 Comments

The Trial court erred in dismissing charges against defendant based on finding that defendant's discharging of a firearm was a justifiable use of deadly force. The Defendant was not entitled to statutory immunity under section 776.032 where defendant was engaged in criminal activity at the time defendant discharged the firearm. The video evidence of incident, which depicted defendant waving a firearm at other individuals, established that defendant was committing either the crime of open carry of a firearm or the crime of improper exhibition of a firearm. This Conduct may also have constituted aggravated assault. The fact that defendant was never charged with these crimes does not alter analysis. Reversed

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five 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 a prosecutor in Florida before going in to private practice and representing clients in three states.

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