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The following is a sample Motion for Declaration of Immunity and Dismissal, filed under Florida’s “Stand Your Ground” law. These materials are provided for general reference only, and are not intended as a substitute for legal advice or for legal representation by a qualified Jacksonville criminal defense attorney. For additional information on this topic, visit our web pages on Florida’s “Stand Your Ground” Law, and the Florida “Stand Your Ground” Statute.
MOTION FOR DECLARATION OF IMMUNITY AND DISMISSAL
Defendant, XX XXX, by and through her undersigned attorney and pursuant to Section
776.032, Florida Statutes (2011), and Rule 3.190(c)(4), Florida Rules of Criminal
Procedure, moves this Honorable Court to: (1) declare that Defendant is immune from
further prosecution in the above-
1. On or about April 11, 2011, XXXXX (Mrs. XXXXX), the alleged victim in the above-
2. At all times material, Defendant used only defensive force to repel Mrs. XXXX’s advance into Defendant’s residence.
3. Mrs. XXXX had no right to enter or be present in Defendant’s apartment, and was not a lawful resident of Defendant’s apartment.
4. Based on the facts presented in the above-
6. In Gray v. State, 13 So. 2d 114 (Fla. 5th DCA 2009), the Fifth District Court of Appeal adopted the procedures outlined above in Petersen, and concluded that the right to immunity from criminal prosecution afforded by Section 776.032 (commonly known as the “stand your ground law”) is to be determined by the trial court after an evidentiary proceeding in which the criminal defendant has the burden of proof by a preponderance of the evidence. Id. at 114.
WHEREFORE, Defendant moves this Honorable Court to declare that Defendant is immune
from further criminal prosecution in the above-
|Battery on Police Officer|
|Domestic Violence Battery|
|Exposure of Sexual Organs|
|Resisting Arrest With Violence|
|Dealing in Stolen Property|
|Failure to Return Leased Property|
|Contracting Without a License|
|Possession of Marijuana|
|Sale of Cannabis|
|Possession of Paraphernalia|
|Violation of Probation|
|Sealing and Expunging|
|Leaving the Scene of an Accident|