Stand Your Ground Lawyer
Daytona Beach Stand Your Ground Attorney
Retired Homicide Detective. Former Police Officer. Trial Lawyer.
Few areas of Florida criminal law generate more confusion than the state’s Stand Your Ground law.
Many people believe Stand Your Ground gives someone the unrestricted right to use force whenever they feel threatened.
That is not what the law says.
Others believe that if they acted in self-defense, they cannot be arrested.
That is not always true either.
Stand Your Ground is one of the most powerful legal protections available under Florida law, but it applies only under specific circumstances.
Whether a person lawfully acted in self-defense depends upon a careful analysis of the facts, the evidence, and the applicable law.
If prosecutors believe a person unlawfully used or threatened force, they may file serious felony charges such as:
- Aggravated Assault with a Firearm
- Aggravated Battery with a Firearm
- Manslaughter
- Second-Degree Murder
- Attempted Murder
- Other violent felony offenses
The difference between lawful self-defense and a criminal conviction often depends upon the evidence gathered during the investigation.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals asserting Stand Your Ground immunity throughout Daytona Beach, Volusia County, Flagler County, and Central Florida.
Before becoming a criminal defense lawyer, Patrick J. McGeehan served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and retired homicide detective.
During that career, he investigated shootings, violent crimes, officer-involved shootings, homicide cases, and complex self-defense claims.
Today, he applies that investigative experience to evaluating whether law enforcement reached the correct conclusions and whether the evidence actually supports criminal prosecution.
Quick Facts
Common Issues in Stand Your Ground Cases
- Self-defense
- Defense of another person
- Defense of an occupied dwelling
- Defense of an occupied vehicle
- Deadly force
- Non-deadly force
- Firearm cases
- Violent crime investigations
Common Charges
Stand Your Ground frequently arises in cases involving:
- Aggravated Assault
- Aggravated Assault with a Firearm
- Aggravated Battery
- Aggravated Battery with a Firearm
- Manslaughter
- Murder
- Attempted Murder
- Home Invasion
- Robbery
Common Defenses
- Stand Your Ground immunity
- Self-defense
- Defense of others
- Castle Doctrine
- Lack of criminal intent
- Misidentification
- Constitutional violations
- Insufficient evidence
What Is Florida’s Stand Your Ground Law?
Florida’s Stand Your Ground law recognizes that individuals may use force, including deadly force under certain circumstances, without first retreating when the law permits the use of that force.
Contrary to popular belief, Stand Your Ground is not a license to use violence whenever someone feels threatened.
Instead, the law establishes legal protections for individuals who lawfully defend themselves or another person under circumstances recognized by Florida law.
Every Stand Your Ground case depends upon its own facts.
Questions frequently include:
- Who initiated the confrontation?
- Was there an imminent threat?
- Was the defendant lawfully present?
- Was the force used reasonable under the circumstances?
- Was deadly force actually necessary?
- Was another legal defense available?
These questions frequently determine whether immunity applies.
Stand Your Ground Is Different From Self-Defense
People often use the terms “Stand Your Ground” and “self-defense” interchangeably.
Although they are closely related, they are not identical legal concepts.
Self-defense refers to the legal justification for using force.
Stand Your Ground refers to statutory protections that may allow a person to avoid criminal prosecution altogether when the use of force was legally justified.
Understanding that distinction is important.
A successful Stand Your Ground motion may result in immunity from prosecution before a jury ever hears the case.
For that reason, these issues should be evaluated as early as possible during the representation.
What Must the State Prove?
Every criminal prosecution begins with one fundamental principle.
The defendant is presumed innocent.
The burden of proof belongs to the prosecution.
The defendant never has to prove innocence.
Instead, prosecutors must establish every required element of the charged offense beyond a reasonable doubt.
When Stand Your Ground is raised, additional legal questions often arise regarding whether the use of force was legally justified.
Those issues frequently become the subject of extensive litigation before trial.
The outcome often depends upon the facts developed during the investigation.
Every Self-Defense Case Is Different
No two Stand Your Ground cases are alike.
Some involve firearms.
Others involve knives.
Some involve fists.
Others involve vehicles.
Common situations include:
- Home invasions
- Domestic disputes
- Road rage incidents
- Parking lot confrontations
- Neighborhood disputes
- Business altercations
- Defense of family members
- Violent assaults
Although prosecutors may file similar criminal charges, the legal analysis differs dramatically depending upon the surrounding facts.
Every case requires an independent evaluation of the evidence rather than assumptions based solely upon the arrest report.
Why These Cases Require Immediate Attention
The investigation begins immediately after the incident.
Witnesses are interviewed.
Crime scenes are processed.
Surveillance recordings are collected.
Body-worn camera footage is preserved.
Search warrants may be executed.
Medical records begin documenting injuries.
Every hour that passes increases the risk that important evidence may disappear.
Witness memories fade.
Surveillance systems overwrite recordings.
Physical evidence may become unavailable.
Prompt representation allows an experienced criminal defense attorney to begin preserving evidence, identifying witnesses, evaluating constitutional issues, and preparing a comprehensive defense before critical evidence is lost.
In many Stand Your Ground cases, the earliest stages of the investigation ultimately determine whether immunity can be successfully established.
When Is the Use of Deadly Force Legally Justified?
One of the most common misconceptions about Florida’s Stand Your Ground law is that a person may use deadly force whenever they feel threatened.
That is not what the law provides.
The legal question is not whether someone was afraid.
The question is whether the use of force was legally justified under the specific facts and circumstances of the encounter.
Every self-defense case is unique.
Determining whether deadly force was justified requires a careful examination of the evidence rather than assumptions based upon the outcome of the confrontation.
Questions frequently include:
- What happened immediately before force was used?
- Who initiated the confrontation?
- Was there an imminent threat?
- Was the threat capable of causing death or great bodily harm?
- What options were reasonably available?
- What did the defendant reasonably believe at that moment?
These questions frequently become the central focus of both the investigation and the litigation.
What Does “Reasonable Belief” Mean?
Stand Your Ground cases are not decided solely by what the defendant personally believed.
Courts also examine whether that belief was objectively reasonable under the circumstances.
This is one of the most heavily contested issues in self-defense cases.
For example, investigators often examine:
- What the defendant observed.
- What the alleged victim was doing.
- Whether weapons were present.
- Whether threats were made.
- Whether the defendant had prior knowledge of the alleged victim.
- Whether there was an opportunity to avoid the confrontation.
- The lighting, distance, and surrounding conditions.
A person does not have the benefit of hindsight during a rapidly unfolding confrontation.
The law recognizes that individuals are often forced to make split-second decisions under extremely stressful circumstances.
Imminent Threats
Not every threat justifies the use of deadly force.
The law generally focuses on whether the threat was imminent.
In other words, was the danger immediate?
Questions frequently considered include:
- Was the alleged aggressor advancing?
- Was a weapon displayed?
- Were threats accompanied by actions?
- Could the confrontation reasonably have resulted in death or great bodily harm?
- Had the threat already ended?
Because these situations often develop within seconds, witness perceptions frequently differ.
Video evidence and physical evidence often become critical in determining what actually occurred.
Defense of Another Person
Florida law may also recognize the right to defend another person under appropriate circumstances.
Many prosecutions arise because a defendant claims they acted to protect:
- A spouse
- A child
- Another family member
- A friend
- A stranger
Whether force was legally justified depends upon the same careful factual analysis that applies in every self-defense case.
Important questions include:
- What danger was the other person facing?
- Was intervention reasonably necessary?
- Was the force used proportional to the threat?
- What evidence supports the defendant’s observations?
These issues frequently become the subject of extensive factual investigation.
Defense of an Occupied Vehicle
Many firearm cases arise during confrontations involving motor vehicles.
Examples include:
- Road rage incidents.
- Attempted carjackings.
- Parking lot confrontations.
- Assaults involving occupied vehicles.
The legal issues in these cases often differ from those occurring in open public areas.
Investigators frequently evaluate:
- Whether the vehicle was occupied.
- Whether someone attempted to unlawfully enter the vehicle.
- Whether the defendant reasonably perceived an imminent threat.
- Whether surveillance video captured the encounter.
- Whether witnesses observed the same sequence of events.
Vehicle-related self-defense cases often involve substantial physical evidence and should be independently investigated.
Defense of a Dwelling
Some Stand Your Ground cases occur inside or around a person’s home.
When evaluating these cases, investigators frequently examine:
- Where the confrontation occurred.
- Whether entry into the dwelling was lawful.
- Whether the defendant was lawfully present.
- Whether another individual attempted to forcibly enter.
- Whether the defendant reasonably believed force was necessary.
These issues frequently overlap with Florida’s Castle Doctrine.
Understanding the relationship between the two legal principles is an important part of evaluating any home-defense case.
What Detectives Look For
When investigating a shooting or other violent confrontation, detectives typically attempt to answer several fundamental questions.
These include:
- Who initiated the confrontation?
- What evidence supports each witness?
- Where was each participant located?
- What physical evidence exists?
- Were there surveillance cameras?
- What do the medical records show?
- What do body-worn cameras reveal?
- What do 911 recordings establish?
Because many self-defense cases involve conflicting witness accounts, investigators often rely heavily upon physical evidence to reconstruct what occurred.
Evidence Frequently Examined in Stand Your Ground Cases
The evidence collected in these investigations may include:
- Crime scene photographs.
- Body-worn camera recordings.
- Dash camera footage.
- Surveillance video.
- 911 recordings.
- Medical records.
- Firearm examinations.
- Ballistics reports.
- DNA evidence.
- Fingerprint evidence.
- Cell phone records.
- Text messages.
Each piece of evidence should be independently evaluated.
Sometimes the evidence supports the prosecution.
Sometimes it supports the defense.
Occasionally, it contradicts both.
That is why experienced criminal defense attorneys carefully review every available piece of evidence before deciding how to proceed.
Every Self-Defense Investigation Deserves Independent Review
Police officers must make important decisions during rapidly developing investigations.
Those decisions are based upon the information available at the time.
Additional evidence frequently becomes available later.
New witnesses are identified.
Additional video recordings are located.
Experts review forensic evidence.
Medical records become available.
An experienced criminal defense lawyer should independently evaluate the investigation rather than simply accepting the initial conclusions reached by law enforcement.
Every witness.
Every recording.
Every photograph.
Every piece of physical evidence.
Every constitutional issue.
Each deserves careful review before determining whether criminal prosecution is legally justified.
Stand Your Ground Immunity Hearings
One of the most important aspects of Florida’s Stand Your Ground law is that, when the law applies, a person may seek immunity from criminal prosecution.
That is a significant legal protection.
Rather than waiting until trial to present a self-defense claim, the defense may ask the court to determine whether the use of force was legally justified before a jury is ever selected.
These proceedings are commonly referred to as Stand Your Ground immunity hearings.
Although every case is different, a successful immunity motion may prevent the case from proceeding to trial.
For that reason, these hearings often become one of the most important stages of the litigation.
What Happens at a Stand Your Ground Hearing?
A Stand Your Ground hearing is not simply a review of the arrest report.
It is an evidentiary hearing.
Both sides may present evidence.
Witnesses may testify.
Physical evidence may be introduced.
Body camera recordings, surveillance video, photographs, 911 recordings, medical records, and forensic evidence may all become part of the hearing.
The judge—not a jury—determines whether the defendant is entitled to immunity under Florida law.
Because the hearing often determines whether the prosecution may continue, careful preparation is critical.
Preparing for the Hearing
Preparation begins long before anyone enters the courtroom.
An experienced criminal defense lawyer should carefully review every available piece of evidence, including:
- Crime scene photographs
- Body-worn camera recordings
- Dash camera video
- Surveillance footage
- 911 recordings
- Medical records
- Ballistics reports
- Witness statements
- Dispatch logs
- Search warrants
- Cell phone evidence
Every inconsistency should be identified.
Every witness should be evaluated.
Every constitutional issue should be examined.
The strength of an immunity hearing often depends upon the preparation completed weeks before the hearing begins.
Cross-Examining Witnesses
Many Stand Your Ground hearings involve sharply conflicting witness testimony.
One witness may describe the defendant as the aggressor.
Another may describe the defendant as attempting to avoid violence.
An experienced trial lawyer carefully evaluates:
- Prior inconsistent statements.
- Statements made during the 911 call.
- Statements captured on body-worn cameras.
- Statements made immediately after the incident.
- The witness’s ability to observe the confrontation.
- Any motive to exaggerate or fabricate events.
Credibility frequently becomes one of the most important issues before the court.
Physical Evidence Often Speaks Louder Than Witnesses
Witnesses can be mistaken.
Physical evidence cannot be influenced by emotion, fear, or memory.
Important evidence may include:
- Bullet trajectories
- Shell casing locations
- Bloodstain evidence
- Medical records
- Crime scene measurements
- Surveillance video
- Firearm examinations
- DNA evidence
- Fingerprint evidence
An experienced criminal defense attorney compares every witness statement against the available physical evidence.
When those two conflict, the physical evidence frequently becomes extremely important.
Prosecutors Carefully Examine Self-Defense Claims
When a defendant asserts Stand Your Ground, prosecutors frequently focus on several issues.
For example:
- Did the defendant actually fear imminent death or great bodily harm?
- Was that belief objectively reasonable?
- Who initiated the confrontation?
- Did the defendant continue using force after the threat ended?
- Does the physical evidence support the defendant’s account?
- Do witness statements support or contradict the self-defense claim?
Understanding these issues allows the defense to anticipate the prosecution’s arguments before the hearing begins.
Common Mistakes That Hurt Self-Defense Claims
Every case is different.
However, certain mistakes frequently create unnecessary problems.
Examples include:
- Giving multiple statements before consulting an attorney.
- Attempting to explain events while under extreme emotional stress.
- Contacting witnesses to discuss testimony.
- Posting about the incident on social media.
- Deleting text messages or electronic communications.
- Returning to the scene after the incident.
- Assuming investigators already understand what happened.
These actions may unintentionally complicate an otherwise valid self-defense claim.
Every Shooting Is Investigated as a Potential Crime
Many people believe that if they acted lawfully in self-defense, law enforcement will immediately recognize that fact.
In reality, officers investigate virtually every shooting as a potential criminal offense.
Their responsibility is to collect evidence.
Interview witnesses.
Document the scene.
Preserve physical evidence.
Present the facts to prosecutors.
The existence of a self-defense claim does not prevent an investigation.
It simply becomes one of the issues investigators must evaluate.
Because of that, individuals involved in self-defense incidents should expect a thorough criminal investigation.
Why Experience Matters
Stand Your Ground cases are among the most fact-intensive criminal cases prosecuted in Florida.
Successfully presenting an immunity claim requires more than simply arguing that the defendant acted in self-defense.
It requires understanding how violent crime investigations are conducted.
Before becoming a criminal defense lawyer, Patrick J. McGeehan investigated shootings, violent crimes, and homicide cases as a police officer, traffic homicide investigator, and retired homicide detective.
He understands how investigators evaluate crime scenes.
He understands how detectives interview witnesses.
He understands how prosecutors analyze violent crime investigations.
Today, he applies that investigative experience to identifying weaknesses in the State’s case and presenting comprehensive Stand Your Ground claims on behalf of his clients.
Frequently Asked Questions
Will my case automatically be dismissed if I claim Stand Your Ground?
No.
Every claim must be supported by the facts and applicable law.
Whether immunity applies depends upon the evidence presented to the court.
Can the judge consider surveillance video during the hearing?
Yes.
Surveillance recordings, body camera footage, medical records, witness testimony, and other evidence may all be considered during a Stand Your Ground immunity hearing.
Can witnesses testify at the hearing?
Yes.
Witness testimony is frequently one of the most important aspects of a Stand Your Ground proceeding.
Does claiming Stand Your Ground mean I admit I shot someone?
Not necessarily.
Every case is different.
Stand Your Ground addresses whether the use of force was legally justified under the circumstances presented.
Can I still go to trial if immunity is denied?
Yes.
If immunity is denied, the criminal case generally proceeds through the normal criminal justice process unless it is otherwise resolved.
The prosecution must still prove every element of the charged offense beyond a reasonable doubt at trial.
Every Stand Your Ground Case Requires Careful Preparation
No two immunity hearings are alike.
Every witness should be carefully evaluated.
Every recording should be reviewed.
Every piece of physical evidence should be examined.
Every constitutional issue should be considered.
Careful preparation often determines whether the court ultimately concludes that the use of force was legally justified under Florida law.
Why Clients Choose Patrick J. McGeehan
When your case involves a claim of self-defense, the attorney you choose matters.
Stand Your Ground cases are among the most fact-intensive and legally complex criminal cases prosecuted in Florida.
They require much more than a basic understanding of criminal law.
They require an understanding of how violent crime investigations are actually conducted.
Before becoming a criminal defense lawyer, Patrick J. McGeehan spent more than two decades in law enforcement serving as a:
- Police Officer
- DUI Investigator
- Traffic Homicide Investigator
- Police Instructor
- Retired Homicide Detective
During that career, he investigated shootings, officer-involved shootings, violent crimes, homicide cases, and claims of self-defense.
He understands how detectives evaluate crime scenes.
He understands how witnesses are interviewed.
He understands how prosecutors review violent crime investigations before filing charges.
Today, he uses that investigative experience to independently evaluate the evidence, identify weaknesses in the State’s case, and aggressively defend individuals asserting lawful self-defense.
Every investigation deserves careful review.
Every assumption deserves to be challenged.
Every constitutional right deserves protection.
What the Jury Must Decide
If a Stand Your Ground claim is not resolved through an immunity hearing and the case proceeds to trial, the jury becomes responsible for deciding the facts.
Jurors are not asked to determine whether a shooting was tragic.
They are not asked whether they would have reacted differently.
Instead, they must decide whether the prosecution has proven the criminal charges beyond a reasonable doubt after considering all of the evidence and the applicable law.
Questions that frequently become central during trial include:
- Who initiated the confrontation?
- Was the defendant lawfully present?
- Did the defendant reasonably believe force was necessary?
- Was the threat imminent?
- Does the physical evidence support the witness testimony?
- Has the prosecution disproven the defendant’s claim of lawful self-defense under the applicable legal standards?
Those issues frequently determine the outcome of violent crime trials.
Early Representation Can Make a Difference
The period immediately following a self-defense incident is often the most important stage of the case.
Witnesses remain available.
Surveillance video may still exist.
Body camera recordings can be preserved.
Crime scenes remain accessible.
Physical evidence has not yet been lost.
An experienced criminal defense attorney can immediately begin:
- Preserving surveillance footage.
- Requesting body camera recordings.
- Identifying witnesses.
- Reviewing 911 calls.
- Evaluating crime scene evidence.
- Consulting experts when appropriate.
- Preparing for potential immunity litigation.
Early preparation often provides opportunities that no longer exist weeks or months later.
Every Self-Defense Claim Deserves an Independent Investigation
Law enforcement officers investigate shootings from one perspective.
Defense attorneys investigate them from another.
The purpose of the defense investigation is not to criticize the police.
It is to determine whether the evidence actually supports criminal prosecution.
Important questions frequently include:
- Was every witness interviewed?
- Was surveillance footage overlooked?
- Does the physical evidence support the witness statements?
- Was the scene properly documented?
- Were constitutional rights respected?
- Can the prosecution actually disprove lawful self-defense?
Every case deserves that level of scrutiny.
Contact a Daytona Beach Stand Your Ground Lawyer
If you used force to protect yourself, a family member, or another person, do not assume investigators reached the correct conclusion.
Do not assume the arrest determines the outcome of your case.
Every shooting.
Every witness.
Every piece of evidence.
Every constitutional issue.
Every claim of self-defense deserves careful review.
If you are being investigated or have been charged with a violent crime involving a claim of self-defense, contact the Law Offices of Patrick J. McGeehan, P.A.
An experienced Daytona Beach criminal defense lawyer can evaluate the evidence, explain your legal options, and begin protecting your rights immediately.
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