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Florida Court Grants Stand Your Ground Immunity in Palm Beach Murder Case
Stand Your Ground Immunity in Florida: Palm Beach Murder Case Dismissed
The Florida Fourth District Court of Appeal recently granted Stand Your Ground immunity in Florida to a Palm Beach defendant charged with second-degree murder. In Spencer v. State (4D2025-0023), the court ruled that prosecutors failed to disprove self-defense by clear and convincing evidenceOpinion_2025-0023. This case shows why Stand Your Ground immunity matters for anyone facing violent crime charges.
Case Background: Palm Beach Stand Your Ground Claim
Ivin Spencer was charged with second-degree murder after a deadly confrontation in a Palm Beach parking lot. Spencer admitted to the shooting but argued that Florida’s Stand Your Ground law applied.
The evidence showed that the victim, Brandon Bell, had a history of making threats and was known to carry a gun. On the day of the shooting, Bell aggressively advanced while yelling threats. Spencer, who had health limitations and feared for his safety, fired a single shot. He immediately called 911 and cooperated with policeOpinion_2025-0023.
Florida Stand Your Ground Immunity Explained
Florida law provides that a person may claim Stand Your Ground immunity if deadly force was used to prevent imminent death, great bodily harm, or a forcible felony. Once the defendant raises this defense, the State must prove by clear and convincing evidence that the force was not justified.
Importantly, Florida law states that a person has no duty to retreat if they are in a place where they lawfully have the right to be.
Why the Court Granted Stand Your Ground Immunity
The appellate court ruled that prosecutors failed to meet their burden. Key factors included:
- The victim’s prior threats and reputation for carrying a gun.
- His aggressive approach and physical advantage over the defendant.
- The defendant’s credible testimony about his fear of imminent harm.
These facts supported the conclusion that a reasonable person would believe deadly force was necessary.
Lessons from This Florida Self-Defense Ruling
- Stand Your Ground immunity in Florida can dismiss charges before trial.
- The State carries the heavy burden of proof.
- Context matters: prior threats, the victim’s reputation, and circumstances at the scene shape legal outcomes.
Protect Your Rights with a Florida Criminal Defense Lawyer
If you face violent crime charges where self-defense may apply, you need an attorney who understands how to argue for Stand Your Ground immunity in Florida. At The Brancato Law Firm, P.A., attorney Rocky Brancato has more than 25 years of experience defending homicide, sex crimes, and major felonies.
Call us at (813) 727-7159 for a confidential consultation today.