Immunity, Stand Your Ground

Dec 09, 2019

Immunity — Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend’s EBT card. The defendant’s requests for immunity and dismissal pursuant to section 776.032 are granted. State failed to prove that defendant was not entitled to immunity by clear and convincing evidence. The Court rejects the state’s argument that defendant did not have the authority to demand return of EBT card or otherwise discipline minor son where state chose to charge defendant with domestic battery, not battery.

READ OPINION BELOW:

STATE v ARCIOLA.pdf

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