Charges Dismissed Under Stand Your Ground Law

In a recent case, our client was charged with aggravated assault with a firearm and was facing a three year mandatory minimum prison sentence. Our client, a decorated military veteran and concealed carry permit holder, was involved in a road rage incident where two young men followed our client in their vehicle after claiming he cut them off in traffic. When our client, who was in his seventies, did not want them to follow him home, he turned down another road that turned out to be a dead end. The young men continued to follow our client down the road and our client got out of the vehicle with his firearm to defend himself.

The men then called law enforcement and claimed our client threatened them with a firearm. Our client was arrested and charged with a felony carrying a three year minimum prison sentence. After we investigated the case and deposed all witnesses, we decided to file a motion seeking immunity from prosecution under Florida's Stand Your Ground law. At the hearing on the motion we were able to show that our client was in fear of the two much younger men who had followed and threatened him. The Judge found our client had no duty to retreat and he deserved the benefit of Stand Your Ground. All charges were dismissed.