Ricky Vargas stands accused of first-degree murder. Specifically, law enforcement has claimed that he fatally stabbed a man at a bar in Garfield, New Jersey. Had this occurred in Florida, a viable option would be for Mr. Vargas to file a motion for statutory immunity, or as it also known, a “stand your ground” motion.
According to Florida’s stand-your-ground statute, once a defendant makes a prima facie case of self-defense via a “stand-your-ground motion,” the state must prove by a “clear and convincing” standard that a defendant is not entitled to statutory immunity from prosecution. If this was in Florida, Mr. Vargas need not testify or submit an affidavit with the stand-your-ground motion to shift the burden to the prosecution; rather, it is enough for defense counsel to make a prima facie case through a sworn motion for statutory immunity. Should he not prevail through a stand-your-ground motion.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.