Page 61 - Florida Concealed Carry Law

hearing, you were required to prove to the state why your shooting was justified by the law. Obviously, this is very difficult for most people to do.
The New Law - After 2017
Thankfully, the law has changed. Now the state attorney has to provide clear and convincing evidence that the shooter did not have a reasonable fear of death, great bodily harm or the imminent commission of a forcible felony. The state attorneys will have to provide this clear and convincing evidence to a judge during a pretrial immunity hearing. If they cannot provide clear and convincing evidence, the shooter will be granted immunity from criminal prosecution and civil liability. You will still need a legal team to represent you at this hearing. The state is not on your side, and it will try everything to prevent you from being granted immunity.
Immunity
F.S. 776.032 Immunity from criminal prosecution and civil action...
(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative or heirs of the person against whom the force was used or threatened...
This change in the burden of proof is still very new. It will take years before we have a good understanding of how these cases are going to play out. Be ready because if you are not granted immunity, you’re in the legal fight of your life.
Criminal Trial
If your shooting does not meet the standard to be granted immunity, you will be headed for a jury trial. Just a little heads up: It's going to be a nightmare. The prosecutor will approach you and say things like, “If this goes to trial, there’s a chance you will lose and be sentenced to 30-plus years. Why don’t you plead guilty to a lesser crime? You’ll serve one, five, 10 or 15 years, but at least it’s not 30.” I recently met a woman whose son is currently serving 12 years in prison because of a plea deal. This woman shared the story of why her son felt the need to use deadly force and based on her story, I think I would have made the same decision her son made. Yet, because her son had a poor attorney who allowed the prosecutors to intimidate him, he is sitting in prison today. It's a very sad situation.