Legal Topics

Criminal law — Immunity — Stand Your Ground law 

Oct 31st, 2023 in by admin

Criminal law — Immunity — Stand Your Ground law — Defendant’s use of force to prevent mother of his children from entering his residence and driving away with children while she was impaired — Motion to dismiss alleging defendant reasonably believed use of force was necessary to defend himself from mother’s imminent use of force, to prevent imminent commission of forcible felony, and to prevent imminent death or great bodily harm to children was sufficient to raise prima facie claim for self-defense immunity, and state failed to prove by clear and convincing evidence that defendant was not entitled to immunity — Motion to dismiss granted