North Florida Man Wins Stand Your Ground Appeal After Trial Court Denial: Here’s Why

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary

Florida’s 5th District Court of Appeal found that the defendant, who punched the alleged victim after the alleged victim grabbed the arm of the defendant’s girlfriend, was likely entitled to Stand Your Ground immunity.

• CASE: Rogers v. State, 303 So.3d 1266 (Fla. 5th DCA 2020) 
• Charge(s): Battery
• Outcome: Stand Your Ground immunity GRANTED – defendant reasonably used nondeadly force after his girlfriend’s arm was grabbed by a stranger without provocation.

In Florida, the Stand Your Ground law (Fla. Stat. 776.012, 776.013, 776.031, 776.032, 776.041) provides total immunity to defendants from criminal prosecution if they lawfully use or threaten to use deadly or nondeadly force in lawful self-defense, defense of others, or defense of property (under certain circumstances). 

Defendants in Florida frequently rely upon Stand Your Ground to fight against various criminal charges. These may include, but are not limited to:

• Murder and attempted murder
• Felony battery
• Manslaughter
• Kidnapping 
• Assault and aggravated assault
• Battery and aggravated battery

There are two types of force addressed by Florida’s Stand Your Ground law – deadly force and nondeadly force. For someone to be legally justified in using or threatening to use deadly force in Florida, the following must be true (Derossett v. State, 311 So.3d 880 (Fla. 5th DCA 2019)):

• The defendant used or threatened to use deadly force because they reasonably feared a threat of imminent death or great bodily harm to themselves
• The defendant used or threatened to use deadly force because they reasonably feared a threat of imminent death or great bodily harm to another person
• The defendant used or threatened to use deadly force because they reasonably believed a forcible felony (e.g. sexual battery, armed robbery, kidnapping) was imminent and that deadly force was necessary to stop it

Important: Stand Your Ground does not apply if someone is an initiator, provoker, or aggressor (e.g. a burglar cannot shoot a homeowner because the homeowner threatens him with a gun). To learn more, click here.

Florida’s Stand Your Ground law also protects the use or threatened use of nondeadly force (e.g. punching, kicking, slapping). This must have been necessary to prevent imminent use of deadly or nondeadly force against a defendant, another person, or their property. Claudio-Martinez v. State, 324 So.3d 45 (Fla. 2d DCA 2021) 

In the event that someone believes they have a valid Stand Your Ground claim under Florida law, it is wise to file a pretrial motion to dismiss the charges pursuant to Fla. R. Crim. P. 3.190 (as authorized by Fla. Stat. 776.032). A “Stand Your Ground motion” triggers the requirement for a pretrial immunity hearing. To learn more about pretrial immunity hearings, click here.

At a pretrial immunity hearing, the defendant has an opportunity to receive immunity from any further prosecution before trial begins. At the pretrial immunity hearing (Jefferson v. State, 264 So.3d 1019 (Fla. 2d DCA 2018):

• The defendant must first make a prima facie case that their use or threatened use of force was justified under Florida’s Stand Your Ground law (e.g. reasonable and proportional to the threat the defendant perceived given the facts available to them, per Mobley v. State, 132 So. 3d 1160 (Fla. 3d DCA 2014))
• If the defendant succeeds in doing so, the burden of proof shifts to the State to prove by clear and convincing evidence that the defendant’s use or threatened use of force was not protected by the Stand Your Ground law

Critically, there is no requirement that a defendant present actual evidence to support their Stand Your Ground claim at the immunity hearing. If the defendant alleges facts that, if not disproven by the State, would constitute a valid Stand Your Ground claim under the law – it is considered a prima facie case (Jefferson).

Filing a pretrial motion to dismiss pursuant to Florida’s Stand Your Ground law has clear tactical advantages. This is because:

• If a Stand Your Ground defense fails at the pretrial immunity hearing (e.g. the defendant must go to trial), the defendant can argue a lawful use or threatened use of force again at trial – which the State must disprove beyond a reasonable doubt
• If the trial judge denies the motion to dismiss, the defendant can appeal the judge’s ruling (usually via a writ of prohibition) and ask the Florida appellate court that has jurisdiction over the trial court to reverse the trial judge (and grant pretrial immunity)

Sometimes, a judge will deny a Stand Your Ground motion to dismiss. Typically, this is because the State met the burden of proving by clear and convincing evidence that the defendant did not act lawfully in allegedly using or threatening the force. 

Occasionally, a trial judge will deny pretrial immunity because the defendant failed to make a prima facie (on its face) showing that they acted in lawful self-defense, defense of others or to prevent the imminent commission of a forcible felony (if deadly force was used or threatened. This is less common – as a prima facie case is quite a low bar.

If a trial judge does deny a pretrial immunity motion (after the hearing) – including on the basis that the defendant failed to make a prima facie case for immunity – a defendant is very likely to appeal. That appeal has strong odds of succeeding if the trial judge fundamentally misunderstood (and consequently misapplied) the Stand Your Ground law.

In one major case heard by Florida’s 5th District Court of Appeal (Northeast FL’s highest court), the defendant punched a man after he grabbed the defendant’s girlfriend’s arm. He was charged with battery. 

The trial judge denied the defendant’s Stand Your Ground motion to dismiss at the conclusion of the pretrial immunity hearing, finding the defendant did not raise a prima facie defense of others claim. The defendant appealed to the 5th DCA – leading to the reversal of the trial judge.

Let’s look at that case – Rogers v. State, 303 So.3d 1266 (Fla. 5th DCA 2020) – and discuss what it means for those in Florida arguing for pretrial immunity pursuant to the Stand Your Ground law.

KEY CASE: Rogers v. State, 303 So.3d 1266 (Fla. 5th DCA 2020) 

In Rogers, the defendant (Rogers) was arrested and charged with simple battery after punching a man. According to the 5th DCA:

“Appellant appeals the order denying his motion to dismiss filed pursuant to sections 776.012(1) and 776.032, Florida Statutes (2017), commonly known as the Stand Your Ground law. He argues that the trial court erred when it found that he failed to present a prima facie case of self-defense. … The charge in this case arose from a confrontation that occurred between Appellant, the victim, and Appellant’s girlfriend, Audra. During the Stand Your Ground hearing, witnesses testified that the victim was the aggressor, grabbing Audra by her arm from behind as she walked with Appellant. Appellant testified that he initially asked the victim to release her arm. Although the victim released Audra’s arm, the hearing testimony described the victim immediately attempting to punch Appellant two or three times. Appellant responded by punching the victim in the eye once.”

As the 5th DCA noted, the trial judge denied Rogers’s Stand Your Ground claim on the basis that he failed to present a prima facie defense of others claim. In essence, the judge ruled that even if the incident happened exactly as described, Rogers was not entitled to pretrial immunity.

Rogers appealed to the 5th DCA, arguing the trial judge misapprehended the Stand Your Ground law. He claimed that his decision to punch the “aggressor” (after he grabbed Rogers’s girlfriend’s arm) was legally justified.

The 5th DCA agreed, reversing the trial judge and concluding that Rogers indeed made a prima facie case that his use of nondeadly force was legally justified. The 5th DCA wrote:

“Here, Appellant alleged in his motion that the victim approached him and Audra and grabbed Audra’s arm. The hearing testimony established that the victim was the first party to use force, and that Appellant responded to the victim’s actions by punching him. Contrary to the trial court’s ruling, the allegations and evidence were sufficient to establish that Appellant presented a prima facie case of self-defense, and that the trial court erred in finding that Appellant did not meet his initial burden. See § 776.012(1), Fla. Stat.; C.M. v. State, 234 So. 3d 837, 839–40 (Fla. 2d DCA 2018) (finding appellant presented prima facie evidence of self-defense where the testimony showed that the victim punched appellant before appellant punched the victim); State v. Rivera, 719 So. 2d 335, 338 (Fla. 5th DCA 1998) (finding that Rivera established a prima facie case of self-defense where the evidence established that he reasonably believed that death or great bodily harm was imminent when he shot at the victim based on the victim’s threats to Rivera’s life and those around him). Accordingly, we reverse the order denying the motion to dismiss and remand so that the trial court can determine whether the State overcame Appellant’s self-defense claim by clear and convincing evidence.”

Put simply, the 5th DCA ruled  the “victim” grabbing Audra’s arm (Rogers’s girlfriend) without provocation provided a lawful basis for Rogers to throw the punch (as it was nondeadly force). 

Notably, the 5th DCA did not outright dismiss the case. Instead, the 5th DCA remanded it to the lower court for the judge to determine if the State refuted Rogers’s version of events by clear and convincing evidence. Because the State did not present much (if any) evidence that contradicted Rogers’s version of events, the 5th DCA knew the case was unlikely to survive.

In sum, Rogers v. State, 303 So.3d 1266 (Fla. 5th DCA 2020) marks a significant development in Florida case law on the issue of what constitutes a prima facie lawful use or threatened use of force under Stand Your Ground. The 5th DCA found that:

• If Rogers’s version of events was accurate, he made a prima facie case that he lawfully used nondeadly force in defense of an imminent threat of bodily harm to his girlfriend
• Thus, the State had to disprove Rogers’s prima facie showing of lawful defense of others by clear and convincing evidence
• Because the trial judge erroneously found Rogers did not make a prima facie showing of entitlement to pretrial immunity, the case was remanded for the judge to determine if the State overcame Rogers’s claim by clear and convincing evidence
• If the State failed, the 5th DCA required that the trial judge dismiss the case

Florida’s criminal defense community should take note of Rogers v. State, 303 So.3d 1266 (Fla. 5th DCA 2020), as it shows how a judge’s misunderstanding of Florida’s Stand Your Ground law (e.g. when force/threatened force is justified) can be corrected on appeal.

If someone is concerned about being charged with murder, manslaughter or a related offense, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting criminal charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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