A 56-year old Hollywood man testified today in a "Stand Your Ground" pre-trial hearing in Broward County Circuit Court.
Under recent caselaw, a defendant is entitled to a pre-trial hearing if they claim immunity under Florida's Stand Your Ground law.
Under Stand Your Ground, a person may use lethal force if they reasonably believe such force is necessary to save their life or prevent serious bodily injury.
In this man's case, however, he is accused of stabbing his wife and his wife's young son multiple times. In his testimony, the accused revealed that both alleged victims had been disarmed prior to being repeatedly stabbed. That is, the man stated that he took the knife from his wife's hand and stabbed her and her son with it.
Based on those facts, a claim of immunity under Stand Your Ground is highly unlikely. You must believe that lethal force is absolutely necessary to save your life or prevent serious bodily injury. If a subject is no longer armed, it is questionable whether lethal force was necessary after the threat of violence had been extinguished.
Eric Matheny is a Miami criminal attorney and Broward criminal attorney.