What Happens When an Alleged Victim in a Stand Your Ground Case Wants to Drop the Charges?
When emotions run high and self-defense becomes a factor in a criminal case, the legal process can become complicated quickly. A recent Alabama case highlights these complexities: an alleged victim has asked the court to drop the charges in question, yet the teenager accused of the shooting remains behind bars. Situations like this often center on Alabama’s Stand Your Ground law, which can provide immunity from prosecution in certain self-defense cases.
If you are a defendant under similar circumstances, it’s important to learn about how Alabama’s self-defense laws work and what rights you may have.
Alabama’s Stand Your Ground Law
Alabama’s Stand Your Ground statute allows individuals to use reasonable force, including deadly force, when they believe it’s necessary to protect themselves or others from imminent harm. Unlike older self-defense laws that required a person to retreat before using force, Stand Your Ground sometimes removes that duty.
Under Ala. Code § 13A-3-23, a person may lawfully use deadly physical force if they reasonably believe someone is:
- Using or about to use unlawful deadly force
- Committing or about to commit a serious felony, such as burglary
- Attempting to enter an occupied dwelling, business, or vehicle unlawfully and forcibly
However, this protection is not absolute. For example, the law does not apply if the individual was the initial aggressor or used force against a law enforcement officer performing their duties. These exceptions often become the center of dispute in Stand Your Ground cases.
Why the Teen Remains in Jail Despite the Victim’s Request
The short answer here is that it is because the decision rests with the prosecutor and the court, not the victim. Once an arrest is made and charges are filed, the case becomes a matter of public prosecution.
The prosecution may argue that the facts do not meet the legal standards of self-defense under Alabama law. For example, they might question whether the defendant’s fear of imminent harm was reasonable. Until a judge grants immunity or a jury acquits the defendant, they may remain in custody pending further hearings.
This underscores why having an experienced criminal defense attorney on your side is vital. Your lawyer can present any available exculpatory evidence and file motions on your behalf as are pertinent, aiming to have your charges dismissed if possible under the law.
Legal Procedures in Stand Your Ground Cases
A defendant in an Alabama criminal case can request a pretrial immunity hearing under Stand Your Ground. At this hearing, the defense must demonstrate “by a preponderance of the evidence” that the use of force was legally justified.
If the judge agrees, the charges may be dismissed before trial. If not, the case could proceed to trial, where the defendant can still assert self-defense as part of their strategy.
Evidence that can be crucial in these hearings includes:
- Eyewitness testimony about how the confrontation began
- Video and audio recordings of the incident
- Forensic evidence showing the location and nature of injuries
- Prior threats and/or violent actions by the alleged victim
A defense lawyer’s ability to collect and present this evidence can determine whether a defendant is granted immunity or faces a jury trial.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. for a Free Consultation
If you or a loved one has been arrested for a crime in Alabama involving the Stand Your Ground law, timing is critical. Reach out to a qualified criminal defense lawyer at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation to begin responding to your charges appropriately.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800