Florida Gun Law “Stand Your Ground” In a Different Context

Jacksonville Criminal Defense AttorneyGeorge Zimmerman, Trayvon Martin, and Florida’s “Stand Your Ground” law have been the subject of national media attention since the fatal February shooting in a Sanford, Florida neighborhood. Nationally acclaimed experts have weighed in the “Stand Your Ground” law and have picked apart whether Zimmerman will be able to use it as a defense to his shooting of Martin.

During the media blitz, however, the case of Marissa Alexander has been overlooked. Now that people are paying attention to it, Florida’s “Stand Your Ground” law may have more problems than were initially expected. Alexander is facing 20 years in prison if she is convicted of aggravated assault. Her case has ignited a new “Stand Your Ground” debate.

Alexander and her husband Rico Grey were involved in a domestic dispute. According to Alexander, Grey beat her and she ran to the garage of her house. The garage door would not open. She then retrieved her gun, which she was licensed to carry. At that point, Alexander says that her husband noticed that she was carrying a gun and threatened her life. She fired one shot into the air, through the roof of her house. Her husband took the children and left immediately. A short time after that, Alexander was arrested and charged with aggravated assault.

A judge has ruled that Alexander did not present enough evidence for her to use “Stand Your Ground” as a defense. The judge, Judge Elizabeth Senterfitt, ruled that she did not demonstrate that she was in enough danger or peril for “Stand Your Ground” to apply to her case.

Alexander’s sentencing hearing has been delayed. Her lawyers have filed a motion to dismiss the trial. If Judge James H. Daniel denies the dismissal motion, Alexander could face sentencing as early as this week.

As the Stand Your Ground Task force is debating about the law and whether it needs to be amended, it is likely that they are considering the ramifications of the law on Alexander’s defense. If you need a Jacksonville Criminal Defense Attorney for any reason, please contact the Law Office of David M. Goldman PLLC by using the contact form on this page or calling us at (904) 685-1200.

Source: “‘Stand Your Ground’ defense for Jacksonville woman’s case,” by Matt Augustine, published at WOKV.com.

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