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Florida Court Grants Stand Your Ground Immunity in Palm Beach Murder Case
Spencer v. State (4D2025-0023) — Second-Degree Murder Charge Dismissed
| RESULT: Murder Charge Dismissed The Fourth District Court of Appeal ruled that prosecutors failed to disprove self-defense by clear and convincing evidence. Stand Your Ground immunity granted. |
The Florida Fourth District Court of Appeal recently granted Stand Your Ground immunity 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 evidence.
This case demonstrates why Stand Your Ground immunity matters for anyone facing violent crime charges in Florida. Moreover, it illustrates how the burden of proof works in self-defense cases—and why experienced legal representation is essential. I am Tampa Criminal Defense Attorney Rocky Brancato. For over 25 years, I have provide top level criminal defense services to the citizens of Tampa Bay. My firm, the Brancato Law Firm, P.A., can help change the narrative if you used self defense and stood your ground!
| What Is Stand Your Ground Immunity? |
| Under Florida law, 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. |
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. Although Spencer admitted to the shooting, he argued that Florida’s Stand Your Ground law applied to his case.
The Victim’s History
The evidence showed that the victim, Brandon Bell, had a history of making threats and was known to carry a gun. Consequently, Spencer had reason to believe that any confrontation with Bell could turn deadly.
The Confrontation
On the day of the shooting, Bell aggressively advanced toward Spencer while yelling threats. Spencer, who had health limitations that put him at a physical disadvantage, feared for his safety. As a result, he fired a single shot.
After the Shooting
Immediately after the incident, Spencer called 911 and cooperated fully with police. This behavior is consistent with someone acting in self-defense rather than with criminal intent.
Why the Court Granted Stand Your Ground Immunity
The appellate court ruled that prosecutors failed to meet their burden of proof. Specifically, the State could not prove by clear and convincing evidence that Spencer’s use of force was unjustified.
| Factor | How It Supported Self-Defense |
| Prior Threats | The victim had a documented history of making threats against the defendant |
| Victim’s Reputation | The victim was known to carry a gun, making any threat more credible |
| Aggressive Approach | The victim advanced aggressively while yelling threats at the defendant |
| Physical Disparity | The defendant had health limitations that put him at a physical disadvantage |
| Credible Testimony | The defendant’s testimony about his fear of imminent harm was believable |
| Post-Incident Conduct | Defendant immediately called 911 and cooperated with police |
Together, these facts supported the conclusion that a reasonable person in Spencer’s position would believe deadly force was necessary to prevent imminent death or great bodily harm.
Lessons from This Florida Self-Defense Ruling
Stand Your Ground Can Dismiss Charges Before Trial
Unlike an acquittal at trial, Stand Your Ground immunity dismisses charges entirely. As a result, the defendant avoids the risk, expense, and uncertainty of a jury trial. This makes pursuing immunity a critical strategy in appropriate cases.
The State Carries a Heavy Burden
Once a defendant raises Stand Your Ground, prosecutors must disprove self-defense by clear and convincing evidence. This is a higher standard than preponderance of the evidence, though lower than beyond a reasonable doubt. Nevertheless, it places significant pressure on the State.
Context Shapes Legal Outcomes
Prior threats, the victim’s reputation, physical disparities, and circumstances at the scene all matter. Therefore, thorough investigation and presentation of context is essential to a successful Stand Your Ground claim.
Frequently Asked Questions
What is Stand Your Ground immunity in Florida?
Stand Your Ground immunity allows a defendant to have criminal charges dismissed before trial if they can show they used force in lawful self-defense. Under Florida law, a person has no duty to retreat if they are in a place where they have a right to be.
Who has the burden of proof in a Stand Your Ground hearing?
Once the defendant raises Stand Your Ground, the burden shifts to the prosecution. The State must prove by clear and convincing evidence that the defendant’s use of force was not justified. If prosecutors cannot meet this burden, the court must grant immunity.
Can Stand Your Ground apply to murder charges?
Yes, absolutely. Stand Your Ground immunity can apply to any charge where self-defense is raised, including first-degree murder, second-degree murder, and manslaughter. The Spencer case demonstrates that even second-degree murder charges can be dismissed through Stand Your Ground.
What evidence helps a Stand Your Ground claim?
Helpful evidence includes prior threats from the victim, the victim’s violent reputation, physical disparity between the parties, witness testimony about the confrontation, and the defendant’s post-incident conduct such as calling 911 and cooperating with police.
Is Stand Your Ground the same as self-defense?
Stand Your Ground is a specific type of self-defense claim under Florida law. The key difference is that Stand Your Ground eliminates the duty to retreat. In other words, you do not have to try to escape before using force if you are lawfully present at the location.
How do I pursue Stand Your Ground immunity?
Your attorney files a motion for Stand Your Ground immunity, and the court holds a hearing. At that hearing, the prosecution must prove that your use of force was not justified. If they fail, the charges are dismissed. This process requires experienced legal representation.
More on Self-Defense
- Tampa Attorney for Self-Defense
- Tampa PTSD and Self-Defense
- Tampa Criminal Mental Health Attorney
- Tampa Gun Crime Attorney
- Tampa Violent Crime Attorney
- Tampa Murder Attorney
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 throughout Tampa Bay.
Moreover, Attorney Brancato proactively pursues Stand Your Ground immunity hearings for eligible cases. Do not wait until trial to raise self-defense—the right strategy can dismiss charges entirely.
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