Legal Topics

Criminal law — Battery on elderly person — Tampering with victim — Criminal mischef — Immunity

Oct 26th, 2021 in News by admin

Criminal law — Battery on elderly person — Tampering with victim — Criminal mischef — Immunity — Stand Your Ground law — Defendant’s motion seeking immunity from prosecution under section 776.032 is denied — Motion is unsworn, defendant did not attach or rely on any record evidence, and at evidentiary hearing defendant failed to present any testimony or point to any evidence from which elements supporting SYG claim could be inferred — Because defendant failed to raise prima facie claim of immunity, burden did not shift to state to overcome claim