Law Offices of Tim Powers, Denton Texas
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
This means that any person not committing a crime has a right to stand their ground and protect himself or herself even to the point of using deadly force if he or she is in fear of their lives or of injury and/or bodily harm.
Recently, there has been a case where Michael Dunn of Florida was being convicted for three charges of attempted second-degree murder for shooting at a SUV that contained four African-American Teenagers.
This event occurred November 23, 2012 at a gas station in Jacksonville, Florida. Dunn’s fiancé had just gone into the gas station and Dunn told the teens, in the next car, if they could turn down their “rap crap”.
What happened next is still under debate. Dunn claims that Jordan Davis (age 17) threatened Dunn. Dunn claimed he saw a gun and reached for his and fired at Davis. The teens in the SUV drove away and Dunn continued to fire at them.
The main concern with this case is the issue over the “Stand Your Ground“ Clause under Florida Law. Dunn claimed he was threatened and feared his life, which is backed up by the clause. The issue was that there was no gun found in the SUV. Also after the incident, Dunn never called for help. He just drove off.
Davis’ parents are trying to get Florida’s Law changed. After loosing their 17-year-old son, they feel it is dangerous to allow people to shoot or harm another if they are not on their property.
Florida along with 22 other states (Texas) have Stand Your Ground Laws. Along with the Stand Your Ground Laws, is the Castle Doctrine. A person can use self-defense and does not have to retreat if they feel threatened. This however, is only limited to their real property such as their home, their yard, their car or their private office.
Stand Your Ground Laws differ in many states. It will be interesting to see how this case in Florida along with the State of Florida v. George Zimmerman Case will affect the outcome of these Laws. Will Davis’s parents be successful in getting these laws changed or will Justice take a new turn on reality? Stay tuned for a verdict.
If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899
*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, Tarrant County, Collin County, or Dallas County criminal case