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Stand Your Ground Immunity From Prosecution

Posted by John P. Rutkowski | Jan 27, 2021 | 0 Comments

Charges stemming from incident in which defendant shot victim, who had previously been invited into defendant's home. After victim refused to leave defendant's home and became engaged in a physical altercation with defendant's boyfriend. The Trial court erred in denying defendant's motion to dismiss which asserted immunity from prosecution under section 776.032(1). The State failed to prove by clear and convincing evidence that victim was not committing forcible felony of burglary inside defendant's home when defendant shot him where record reflects that permission to remain in defendant's home had been withdrawn. It was undisputed that victim was expressly and repeatedly told to leave the home prior to defendant firing gun, and there was no competent, substantial evidence that victim could not comply -- Additionally, the uncontroverted evidence demonstrated that victim battered defendant's boyfriend, which meant victim could not lawfully remain inside to further batter defendant's boyfriend because his invitation to remain in the home was implicitly withdrawn as a matter of law, Therefor Defendant is entitled to immunity from prosecution for the offense. Reversed with instructions to discharge the defendant.

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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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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.

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