My speculation-o-tron is completely worn out on the whole Travon Martin case. I will begin by saying that I don’t have any ‘inside track’ information, and that at this point no one really ‘knows’ what happened. Not surprisingly, there seems to be a real lack of understanding of what the law really says regarding concealed carry. It should be noted that “Stand Your Ground” isn’t a stand alone law.
CHL in Florida is covered by the Jack Hagler Self-defense Act (Section 790.06, Florida Statutes).
Here are a few key points:
Florida law justifies use of deadly force when you are:
Trying to protect yourself or another person from death or serious bodily harm;
The amount of force that you use to defend yourself must not be excessive under the circumstances.
It is clear, however, that the law protects people who keep their tempers under control and use deadly force only as a last resort.
Enter Florida’s Immunity Statute:
The law: Statute 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
Bottom line? Legal precidents have indeed be set which makes the following a defense to prosecution-> bring attacked about the head, throat, or spinal chord. <– So, did TM beat GZ (as one witness has allegedly reported) to the point where GZ’s nose was broken and his head bashed against the concrete? Once you are attacked and you are aware of the attackers intent on doing you more physical harm, once you have already sustained a potentially dangerous head wound . . you are completely justified in shooting in self defense. And that certainly fits the definition of ‘serious bodily harm’ by most reasonable people.