Florida’s Stand Your Ground law has recently come into question in an appeal by a Jacksonville teen. As a Jacksonville Criminal Defense Lawyer I make it an objective to keep updated and informed as to changing and potentially influential cases and Jacksonville Criminal Laws. Just for clarification, Mr. Seay has not been convicted of any offense and is seeking this appeal by Writ of Prohibition. As all Jacksonville Criminal Defendants they are innocent until proven guilty. His Defense Attorney is working diligently to protect his client’s rights and to ensure that his client is treated fairly in the Jacksonville Legal System.
In that case, three men attacked Seay and his Friend. During the altercation Seay was beaten and forced back until a large tree obstructed his path of retreat, leaving no clear means of escape. That is when Seay pulled a gun and shot into the air. His intention was to scare the men and protect himself from death or serious bodily injury. However, from the angle Seay was located one of the men was shot and killed.
Unfortunately, Seay was not given immunity from his actions under Florida’s Stand your Ground Defense. Under that law, a person who is not involved in the commission of an unlawful activity and has a legal right to be at the place of the incident, they have a right to meet force with force and to not back down from a fight. Furthermore, the law allows a person to use deadly force if that person reasonable fears and/or believes it is necessary to use deadly force to prevent imminent death.
In regards to Seay’s case, there are several issues to address and as a Jacksonville Criminal Defense Lawyer I do so analogically. The main issue to address is the possession of a firearm by a minor. Here, Seay was 16 at the time of the incident. Under Federal Law, a minor is not permitted to be in possession of a handgun. However, I would argue that his actions were justified in protecting himself, from imminent death.
If you have been charged with a Jacksonville Criminal Offense, you do not have to go into it alone. As a Jacksonville Personal Injury Lawyer I can review your case, represent you in Court, and make sure your defenses and rights are being protected. So, call today.