Miami-Dade Circuit Court Judge Beth Bloom denied a North Miami woman's Stand Your Ground motion.
The woman, who has been charged with murder, is accused of luring a man into her North Miami home who was suspected of murdering the woman's husband. Conflicts in the evidence shed doubt on the fact that the woman acted under the reasonable belief that lethal force was necessary to protect her life. Such is the standard of proof the accused must meet when making a Stand Your Ground claim.
However, Stand Your Ground is an immunity, not a trial defense. Even if you do not prevail on your Stand Your Ground claim, you may raise a claim of self-defense at trial.
Eric Matheny is a defense attorney serving Miami-Dade and Broward.