intro module background

Correa & Martinez Trial Lawyers: Protecting Your Rights in Self-Defense Cases

Stand Your Ground laws eliminate the duty to retreat before using force in self-defense situations. This means you may be legally justified in using force to protect yourself or others, even if you had an opportunity to leave the situation safely. However, these cases can be complex and require careful navigation of the legal system.

Correa & Martinez Trial Lawyers specialize in Stand Your Ground defense cases in Miami. Our experienced attorneys can evaluate your case, gather evidence, and develop a strategic defense tailored to your specific situation. Don't face these serious charges alone - book a consultation with us today to discuss your legal options and protect your future.

Florida's Legal Definition of Stand Your Ground

  • Stand Your Ground laws allow you to use force, including deadly force, to protect yourself without first attempting to retreat from a dangerous situation
  • In Florida, you can legally defend yourself if you reasonably believe it's necessary to prevent death or great bodily harm
  • You don't have to be in your home to invoke this defense; the law applies anywhere you have a legal right to be, including public spaces and your vehicle
Outside photo of the courthouse in Miami

The History of Stand Your Ground in Florida

Florida enacted its Stand Your Ground law in 2005, becoming one of the first states to adopt such legislation. The law expanded on the Castle Doctrine, which allows individuals to use force in self-defense within their homes. Under the Stand Your Ground law, this principle was extended beyond the home to any place where a person has the right to be.

Before the enactment of the Stand Your Ground law, individuals in Florida had a legal duty to retreat, if it was safe to do so, before using force in self-defense. The Stand Your Ground law removed this requirement.

Proving Stand Your Ground

To claim Stand Your Ground protection in Florida, you must meet specific criteria:

  1. You must be in a place you have a legal right to be
  2. You must not be engaged in criminal activity
  3. You must reasonably believe force is necessary to prevent death or great bodily harm

If these conditions are met, the law provides immunity from criminal prosecution and civil suits. It shifts the burden of proof to the prosecution, requiring them to show you weren't acting in self-defense.

You don't have to prove you were in danger - only that you reasonably believed you were. This subjective standard can make Stand Your Ground cases complex and fact-specific.

Navigating the Legal Process

Pre-Trial Motions and Hearings

  • Your attorney may file a motion to dismiss based on Stand Your Ground immunity. This motion triggers an evidentiary hearing where you must prove self-defense by a preponderance of the evidence.
  • During this hearing, your lawyer will present evidence and witness testimony to support your claim. The judge will then decide whether to grant immunity or allow the case to proceed to trial.
  • Other pre-trial motions may include requests to suppress evidence or exclude certain testimony. These can significantly impact the strength of the prosecution's case against you.

The Trial Phase

  • If your case goes to trial, jury selection becomes a critical first step. Your attorney will work to select jurors who may be sympathetic to your self-defense claim.
  • Opening statements set the stage for your defense. Your lawyer will outline the evidence supporting your Stand Your Ground claim.
  • During the trial, witness testimony and physical evidence are presented. Your attorney will cross-examine prosecution witnesses and call defense witnesses to support your version of events.
  • Closing arguments give your lawyer a final opportunity to persuade the jury of your innocence based on Stand Your Ground principles.

Appeals and Post-Conviction Relief

  • If convicted, you have the right to appeal. Your attorney can file a notice of appeal within 30 days of the judgment.
  • Grounds for appeal may include legal errors during trial or issues with jury instructions related to Stand Your Ground law.
  • Post-conviction relief options exist if new evidence emerges or if your constitutional rights were violated during the legal process. These options may include motions for a new trial or petitions for habeas corpus. Your lawyer can guide you through these complex post-conviction procedures.
Background media

How a Lawyer Can Help Your Stand Your Ground Case

  • A skilled Stand Your Ground defense lawyer in Miami carefully examines the details of your case, including police reports, witness statements, and physical evidence
  • They assess whether you had a reasonable fear of imminent harm if you were legally present at the incident location and if you were engaged in lawful activity
  • This evaluation helps determine the strength of your defense and shapes a tailored legal strategy
  • Your attorney analyzes relevant laws and may file motions to suppress evidence or dismiss charges if there are procedural errors
  • They prepare you for questioning and negotiate with prosecutors for reduced charges or dismissal when appropriate
  • To strengthen your case, your lawyer may enlist expert witnesses and challenge the prosecution's evidence by disputing its reliability or introducing favorable evidence, such as surveillance footage or character testimonies
Attorneys standing outside

Why Choose Correa & Martinez Trial Lawyers as Your Miami Stand Your Ground Attorneys?

At Correa & Martinez Trial Lawyers, we are committed to leveling the playing field in even the most challenging legal battles. Our attorneys are available 24/7 to provide personal attention and ensure your questions are answered promptly and thoroughly. Transparency and honesty guide our practice, and we work tirelessly to help you understand every aspect of your case and advise you in making the critical decisions that matter most for your future.  

As a firm deeply rooted in Miami, our connection to this vibrant community informs everything we do. Born and raised in Miami, our founding partners, Andres Correa and Octavio L. Martinez, embody the values of resilience, diversity, and dedication to justice that define our city. Alongside seasoned attorney Roberto Pardo, our team combines local insight with extensive legal expertise to provide the highest standard of representation.

Whether navigating complex criminal cases, defending Stand Your Ground rights, or addressing broader civil litigation needs, we prioritize your best interests at every turn. Let us put our dedication and deep community ties to work for you. Contact us today to schedule your consultation.

Stand Your Ground Defense FAQ

What qualifies as 'reasonable belief' under Florida’s Stand Your Ground law?

Does Stand Your Ground apply if I was defending someone else?

Can I claim Stand Your Ground in Florida if I initiated the confrontation?

Can Florida Stand Your Ground be used in cases involving deadly weapons?

How is Stand Your Ground different from self-defense?

What qualifies as 'reasonable belief' under Florida’s Stand Your Ground law?

Reasonable belief means that you had a genuine and justifiable perception that using force was necessary to prevent imminent death, serious bodily harm, or the commission of a forcible felony. It is based on what a reasonable person would believe under the same circumstances.

Does Stand Your Ground apply if I was defending someone else?

Yes, Florida’s law allows you to use force in defense of others if you reasonably believe it is necessary to prevent death, great bodily harm, or a forcible felony against that person.

Can I claim Stand Your Ground in Florida if I initiated the confrontation?

In general, if you are the aggressor, you cannot claim Stand Your Ground. However, exceptions exist if you attempted to withdraw from the conflict and communicated your intent to do so before using force in self-defense.

Can Florida Stand Your Ground be used in cases involving deadly weapons?

Yes, the law applies regardless of the type of force used, including deadly force, as long as the circumstances justify its use to prevent imminent harm or death.

How is Stand Your Ground different from self-defense?

Stand Your Ground is a specific type of self-defense law that removes the duty to retreat before using force. Traditional self-defense laws often require you to retreat if it is safe to do so.

Don’t Face the Legal System Alone. Get the Help You Need.

Contact Us
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (305) 902-6110.
Contact Us