Under Florida law, the use of deadly force against an attacker is permissible in certain situations. The adoption of the Stand Your Ground law in 2005 modified the self-defense law so that a person who reasonably believes they must use deadly force to prevent serious injury to themself may lawfully do so without first attempting to retreat from an attacker; prosecution for using deadly force in such situations is prohibited. A defendant in a homicide case who claims to have acted in self-defense may petition the court to grant the defendant immunity from prosecution under these provisions of the law. Legal experts say that in a pretrial immunity hearing, the burden of proof is on the defendant to show from "a preponderance of the evidence" that they acted lawfully, whereas in a trial by jury the burden of proof is on the prosecution, who must show "beyond a reasonable doubt" (a much higher standard than required for establishing "a preponderance of the evidence") that the defendant acted unlawfully.
