Few legal concepts in Florida generate as much debate and confusion as “Stand Your Ground.” The law is widely cited in news stories and public discussion, yet its real impact unfolds in courtrooms. It does not operate as a single motion or argument, but as a framework that can shape a case at three distinct stages: the charging decision, the pre-trial immunity hearing, and trial before a jury. Attorneys often describe these as “three bites at the apple,” because each stage offers a separate opportunity to assert self-defense and seek dismissal or acquittal.
If you’re facing charges and want to know how Stand Your Ground may apply to your case, speak with an experienced Florida criminal defense attorney as early as possible.
Three Bites at the Apple
First Bite: Prosecutor or Grand Jury — The Charging Decision
The first opportunity arises before a case ever reaches trial.
- Prosecutorial discretion: State attorneys review arrest reports and determine whether to file charges. If the evidence strongly supports self-defense, prosecutors may decide not to proceed.
- Grand jury review: In homicide cases, Florida law often requires an indictment. Prosecutors present evidence to the grand jury, which decides whether probable cause exists. A panel persuaded that the use of force was justified may refuse to indict.
At this stage the process is not controlled by the defendant, but defense counsel can influence outcomes. Submitting witness statements, surveillance footage, or expert affidavits may persuade prosecutors or a grand jury that the case should not go forward.
Second Bite: The Judge — Pre-Trial Immunity Hearing
If charges are filed, the next opportunity comes before a judge.
- Motion for immunity: Defense counsel may seek dismissal under Florida Statute §776.032.
- Evidentiary hearing: Both sides may present witnesses and exhibits. The judge, not a jury, serves as fact-finder.
- Burden of proof: Since 2017 the State must prove by clear and convincing evidence that the defendant was not justified in using force.
Role of Experts at Step Two
Immunity hearings frequently involve technical disputes. Defense attorneys often call use-of-force experts, ballistics specialists, or forensic psychologists to explain why a defendant’s perception of danger was reasonable. Their testimony may address timing, distance, trajectory, or the psychology of threat response. Prosecutors may counter with their own experts.
Because the standard is lower than at trial, a strong expert presentation can result in dismissal before a jury is ever seated.
Third Bite: The Jury — Self-Defense Instructions at Trial
If the judge denies immunity, the defense still reaches the jury. Florida’s Standard Jury Instruction 3.6(f) incorporates Stand Your Ground into self-defense law:
“If the defendant was not engaged in an unlawful activity and was attacked in any place where the defendant had a right to be, the defendant had no duty to retreat and had the right to stand his/her ground and meet force with force, including deadly force if he/she reasonably believed it was necessary to do so to prevent death or great bodily harm to himself/herself or to prevent the commission of a forcible felony.”
Jurors must weigh whether the defendant was lawfully present, whether the threat was imminent, and whether the response was reasonable. At this stage the State bears the highest burden, proving beyond a reasonable doubt that the force was unjustified.
You may also want to read our in-depth guide on Michigan’s self-defense laws and how they relate to firearm use.
Why the Three Stages Matter
Stand Your Ground functions at three levels:
- The prosecutor or grand jury decides whether to bring charges.
- The judge rules on immunity before trial.
- The jury evaluates self-defense at trial if the case proceeds.
Effective advocacy differs by level persuasion and negotiation with prosecutors, expert testimony and legal argument before a judge, and credibility and narrative at trial. Early representation is crucial, as a misstep at one stage can affect the next. Stand Your Ground is a powerful defense, but not automatic. Success requires a defense strategy for all three stages and possibilities.
