Q: What exactly is the stand your ground law and will that stand up in court? Something happened at our residence and I had to defend myself because I didn't know what she was going to do. She was belligerently drunk and rushing at me with her fist clenched, so I hit her one time and walked away back into my household. The incident happened in front of my door. I really need to talk to a lawyer about everything included, it is a huge case that we are trying to get corrected.
A: Selected as "Best Answer" by Asker on AVVO!
Answered . Sounds like you have a self-defense / castle doctrine / stand your ground claim. You have essentially defined it in your question. Especially in your home (the castle doctrine) but anywhere (stand your ground), if you reasonably (objectively) believe (for real in your mind's eye) that you must use force to protect yourself from harm. There are some limitations but that's essentially it in a nutshell.
If you were arrested then you do need to speak with an experienced Tavares area criminal defense lawyer and let a skilled professional determine whether or not s/he can piece together a legally sound presentation which comports with your proffer. If so then you may very well be immune from prosecution; if not then at least you will have built a solid defense to more fully develop, fortify and ultimately present to a jury.
If you were arrested then you do need to speak with an experienced Tavares area criminal defense lawyer and let a skilled professional determine whether or not s/he can piece together a legally sound presentation which comports with your proffer. If so then you may very well be immune from prosecution; if not then at least you will have built a solid defense to more fully develop, fortify and ultimately present to a jury.
You may also want to take a look at the following #HaberPA VideoFAQ's...
215) How do I use Stand Your Ground as a Defense to Prosecution? - https://youtu.be/8am6uCmlF_w
216) What happens at a Stand Your Ground Hearing? - https://youtu.be/uR9O0YkxPRg
217) Must I testify at my Stand Your Ground Hearing? - https://youtu.be/QLA5KOVaTUI
218) Can you use Stand Your Ground in any Criminal Case? - https://youtu.be/VYfoXcqt1XU
219) What is “Reasonable Force” under Stand Your Ground? - https://youtu.be/rhnXYRzjkOM
220) What is Self-Defense? - https://youtu.be/mZjdUsCn9Ww
221) What is the Difference between Self-Defense & Stand Your Ground? - https://youtu.be/rXu0zS24wQE
I hope that this has been helpful and wish you good luck.
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