There is a lot of confusion about the SYG law, so I want to give more info. No, I am not an attorney, just a Floridian who has followed this law closely from its inception to where we are now.
SYG originated from a case near me, whereby an elderly homeowner shot and killed a burglar post-Ivan. Basically, he had to wait 3 months before the SA decided not to prosecute him because they decided it was justifiable homicide under our existing self-defense laws. But, politicians and the NRA jumped on this case to prove why we needed a new law, and unfortunately it was voted into law. You can read a lot of details about the case here:
http://www.tampabay.com/news/public...-born-of-2004-case-but-story-has-been/1225164
The main change with the SYG law is that there is no longer a “duty to retreat.” This is the 2004 statute on justifiable self-defense:
776.041 Use of force by aggressor.--The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
http://www.leg.state.fl.us/statutes...TM&Title=->2004->Ch0776->Section 041#0776.041
And, this is part of current statute:
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be
has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0776/Sections/0776.013.html
BBM.
Also, there is the immunity statute:
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used 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).
http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0776/Sections/0776.032.html
IMO, this is why it took so long for GZ to be arrested. In order to get “SYG” immunity, the defendant needs to have a hearing before a judge who makes the decision.
Anyone (including media) that says this is not a “SYG case” is extremely misinformed. IMO, what they really mean is that the defendant didn’t go through the hearing process for SYG immunity. SYG is part of our state law and these are the instructions the jury was given.
So, a law was born that came out of the year of great hurricanes and fear across my state has morphed into allowing men to confront and kill unarmed teens. It makes me sick
IMO, JMO and MOO.
