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Castle Doctrine & Stand Your Ground?

Seminole, FL |

After you expressly tell someone they cannot enter your home and they do so even after you've dead-bolted your door as well as locked the secondary lock what rights do you have to protect your home? How is it possible to be charged as a tenant with "improper exhibition of a firearm" when direct warning was given and the warning was ignored and they technically committed a home invasion?

Attorney Answers 4

Posted

Based upon the facts provided, it sounds like there is a great stand your ground defense; however, you must hire an experienced criminal defense attorney to help you.

John S. Riordan, Esq.
West Palm Beach, FL
(561) 650-8291

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

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Posted

I have John and thank you. InitiallyI was charged with Aggravated Assault, yet, now the charge is as previously mentioned. However, I'm still entirely astounded that any charge could be levied against me in my own home based on a simple accusation and the fact there were obvious witnesses? I've not even had a parking ticket up to this point.

Asker

Posted

As well as a handsome civil case with the follow-up video disclaiming everything that was reported on Baynews9.

Posted

You may have a very valid defense. You should consult an attorney privately.

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Posted

Thank you David. I know I do! As well as a handsome civil case with the follow-up video disclaiming everything that was reported on Baynews9.

Posted

There is a lawful presumption that when a person breaks into your home that they intend to do you great bodily harm. Under the castle doctrine, a homeowner/resident may lawfully use deadly force upon a person who has broken into their home.

I would definitely need to hear more facts of your case, but it sounds like if a person breaks into your home and you display a firearm in your own defense that it would not be improper. As such, you need to have a lawyer who will zealously advocate on your behalf and know how best to address this situation.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

Thanks Eric. I think the video following the incident shows more than required to lay the groundwork for redress on this whole issue and exonerates me.

Eric J Trabin

Eric J Trabin

Posted

If you have video of such then that will be very helpful evidence. You can pursue a Stand Your Ground Motion to Dismiss in which if the judge is convinced then he would likely dismiss your case. Recently, the Florida Supreme Court ruled that a judge can make findings of fact so that if the judge believes one thing and doesn't believe another (like the alleged victim) then the appeals courts won't overturn the dismissal. You really should have a lawyer who understands these kinds of motions represent you. Please do not hesitate to contact me if you have any more questions or concerns.

Posted

The point to remember is that the Castle Doctrine and the Stand Your Ground laws are affirmative defenses to a criminal charge. That doesn't mean that you could not be arrested or charged with a crime. What that means is that if you are charged with a crime, your attorney can file a Motion to Dismiss the charge based on this affirmative defense. If the motion is denied, you can present this defense to the jury in asking for a Not Guilty verdict. Basically, you are saying, "Yes, I did this, but the law says I have a right to do it" You will need an experienced criminal defense attorney to defend your rights in this matter.

The attorney's answers to questions are for general purposes only and do not establish an attorney-client relationship. Please contact Gapske Law Firm, P.A. 904-302-9151 for a consultation.

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