STATE OF FLORIDA
v.
MICHAEL EDWARD CASSADAY
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The State appeals a circuit court's dismissal of an aggravated assault charge based on self-defense immunity under Florida's Stand Your Ground law. The court affirms, holding that a defendant need only raise a prima facie claim of self-defense immunity through a facially sufficient motion to dismiss, without proving the claim at that stage.
A defendant need only allege a facially sufficient prima facie claim of justifiable use of force and present argument in support of that claim at a pretrial immunity hearing. There is no evidentiary burden on the person seeking Stand Your Ground immunity at the motion to dismiss stage; the defendant must simply raise the claim, and if the trial court determines it satisfies the requirements of the applicable self-defense statute, the State must then present clear and convincing evidence to overcome the claim.
“a prima facie claim of self-defense immunity from criminal prosecution . . . be[ ] raised by the defendant at a pretrial immunity hearing," not proven.”
Establishes that the burden is only to raise a prima facie claim, not to prove it at the dismissal stage.
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Join FLexlaw to unlock all legal intelligenceMichael Edward Cassaday was charged with aggravated assault in Palm Beach County. The defendant filed a motion to dismiss under Florida Rule of Crimin…
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Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Neil A. Roddenbery, Judge.
PER CURIAM.
Affirmed.
VILLANTI, BLACK, and SMITH, JJ., Concur.
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Citator
Authorities Cited
- Jefferson v. State, 264 So. 3d 1019 (Fla. 2d DCA 2018)
- Langel v. State, 255 So. 3d 359 (Fla. 4th DCA 2018)
- State v. Cassaday, 45 Fla. L. Weekly D1389 (Fla. 4th DCA 2021)
- Donte Lamar Rogers v. State, 268 So. 3d 991 (Fla. 5th DCA 2019)