Quote:
Originally Posted by Ransom
I don't see how this is a stand your ground case since the man was knocked to to ground and unable to retreat. I expect the prosecutor will be determining whether this was a justified use of force for self-defense but I'll be surprised if he says stand your ground applies. It only adds to the confusion about stand your ground laws that this sheriff seems to have misunderstood and misapplied it.
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Perhaps you don't understand "Stand your ground," at least not by Florida statutes.
776.012 Use or threatened use of force in defense of person.—
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
It says one has
no legal requirement to retreat--even if possible or prudent--if one has the legal right to be there. The guy had a legal right to be there, whether standing or sitting on his butt. He
could have retreated, but didn't.