Assault, Battery & Self-Defense

What is a Stand Your Ground immunity hearing?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A pretrial evidentiary hearing where a judge decides whether you're immune from prosecution — with the State carrying the burden.

It begins with a motion to dismiss under the rules of criminal procedure. The court then holds an evidentiary hearing where testimony is taken and evidence presented. The judge is the factfinder; there's no jury.

The burden structure is the part worth understanding. Once you raise a prima facie claim of self-defense immunity, the burden shifts to the State, which must prove by clear and convincing evidence that you weren't justified. Before 2017 the defendant carried that burden by a preponderance — the amendment reversed both the party and the standard, and the Florida Supreme Court held it applies to hearings conducted after the effective date.

If granted: charges are dismissed with prejudice, and civil immunity attaches.

If denied: the case proceeds to trial — but that isn't a finding of guilt, and self-defense is still argued to the jury. At trial the State's burden is higher still: beyond a reasonable doubt.

A denial can be challenged before trial by writ of prohibition.

You get the argument twice, and the second time is harder for the State. That's worth knowing before you decide. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.