Gabriel v. State
The Fourth DCA granted certiorari and quashed a trial court order striking a defendant's Stand Your Ground motion to dismiss, which had been filed after the defendant shot a dog that was allegedly attacking him and his own dog. The court held that section 776.012(2)'s authorization of deadly force in defense of person is not limited to force used against a human being, and that section 776.032(1) immunity from criminal prosecution likewise is not so limited, entitling the defendant to an SYG immunity hearing.
Key facts
- Gabriel shot a dog that he claimed was attacking him and his own dog, and was charged with a crime related to the shooting.
- Gabriel filed a Stand Your Ground motion to dismiss, which the trial court struck before any evidentiary hearing.
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Why it matters
This is a first-impression ruling clarifying that Florida's Stand Your Ground immunity under sections 776.012(2) and 776.032(1) extends to the use of deadly force against animals, not just humans, which will directly… — full analysis with a trial
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