So what if you have a gun and you have an intruder on your property? Can you point your gun at this intruder? Indiana has a strong affirmative defense criminal provision that allows hoosiers to protect their lives, homes, and stop violent crime.1 It`s a crime to put a gun on someone and, if it goes further, shoot them. However, a positive defense means that even if the state (prosecutor) fulfills all the elements of the crimes associated with shooting a gun and even killing a person, you can be acquitted. The affirmative defence essentially says that the murder is excused because it is justified. This blog covers the four most important points that are generally necessary for a person to maximize their chances of acquittal if they find themselves in this situation, which is based on the positive defense of self-defense. Florida`s “Stand Your Ground” law does not require this. The law allows a person to use lethal force if they are at risk of physical injury or if they believe their life is threatened. A person has no obligation to withdraw. As long as they don`t invade someone else`s property, they can use lethal force to defend themselves. You can use a firearm in a house, outdoors, in a parking lot, in a restaurant, a movie theater and other areas. They can use weapons if they are in areas where hidden weapons are allowed and if they have an appropriate permit.
When it comes to gun offenses, Florida has some of the strictest laws in the country. A person convicted of serious bodily harm or homicide with a firearm could spend many years in prison. This applies in particular to binding minimum penalties. The first is to hire a defence lawyer who is very familiar with lethal violence and its complexity. There are several reasons for this. For practical and initial reasons, the experienced criminal defense attorney will go through the details with you from moment to moment to find out the weaknesses of the charges and why you have the positive defense of self-defense. For example, to succeed in this type of case, you must have objectively believed that you are at risk of serious bodily harm or death (without bothering to protect your home/curvature or violent crimes). In some cases, this may be obvious, such as when someone runs towards you with a knife. But what if there is no weapon? This is where good legal work comes in.
A 5`2″, 100-pound woman with a grocery handle and purse may well have a well-known fear of serious bodily injury or death if she finds a 6`6″ man running towards her late at night in a parking lot at a local grocery store. These little facts make the difference between a successful defense and a conviction and maybe going to jail. In addition, it is very likely that your lawyer will not allow you to make further statements to the police or otherwise. The reason is that the more you say – even if you`re completely justified – the more likely you are to make incoherent statements because ordinary human communication is not linear and has built-in circular loops. The bottom line is that you need advice and you don`t make statements. The third, related part of the case involves gathering all the evidence, from police statements and reports to photos, as well as additional evidence obtained from your attorney to see how it fits your story and positive defense – why you were afraid of serious bodily harm or death. A single piece of evidence considered with your testimony can turn the case in your favor and clarify the justification for carrying a firearm or using lethal force. It may seem obvious, but evidence of an alleged crime is unlikely to be collected because it relates to your case except from your defense attorney. The state (prosecutor`s office) focuses on the evidence it needs to demonstrate that it meets the elements of the crime in order to obtain a conviction. As lawyers will say, the only 100% correct answer in 99% of legal cases is: “It depends”. Many states have laws and statutes against trespassing that allow citizens to use lethal force in response to a threat of aggression, and typically these laws overlap to provide more protection to gun owners who encounter intruders, burglars, or thieves in their homes.