Self Defense Statute Litigated by South Florida Criminal Defense Attorney Ralph Behr

Your host and writer, South Florida Criminal Defense attorney Ralph Behr appealed an adverse ruling on self defense in Florida and made new law.
The Florida legislature created a new statute concerning when it is okay to use force to defend yourself or others. The law formerly only permitted the use of self defense when you are standing your ground in a protected area, such as your home. The new Florida criminal statute said that a claim of self defense creates immunity from prosecution unless a determination is made that the use of self defense was wrong.
The statute uses the term immunity. South Florida criminal defense attorneys understand immunity means the State cannot prosecute. Immnity is a bar, not a defense. No means no, right? Well maybe.
The appellate court did not agree with south Florida criminal defense attorney Behr and ruled that the correct procedure is to file a motion to dismiss and argue law. Attorney Behr argued that immunity means immunity, not a hearing on the facts. No said the local court of appeals and now it’s off to the races?
Two differing opinions came from two courts of appeals in the State which makes this ripe for review by the Florida Supreme Court, and so it shall be. If you are charged with a crime in South Florida contact attorney Behr: he just made some new law on a very important issue: self defense.