Laws change all the time. When the legislature is in session and passing new laws, these laws will usually have a date that they go into effect. However, sometimes a law can also apply retroactively. That means that even if the conduct occurred before the law was passed, the new law will still apply to it. One of the jobs of the court is to look at the rules around different kinds of laws and decide whether they should apply prospectively – meaning, only apply to conduct in the future from the date it was passed – or retroactively. If you have been charged with a crime, a skilled St. Petersburg defense attorney may be able to help you find new laws that could apply to your case.
Changes in the Stand Your Ground Law
A notable case revolves around the changes made to Florida’s “Stand Your Ground” law. This law has been in effect since 2005. The “Stand Your Ground” law makes it so that individuals no longer have a duty to retreat before using force in self-defense. In the past, before resorting to self-defense, an individual had a duty to leave the premises if they could do so safely. It also protects those who use force in self-defense from legal charges. Initially, the burden was on the person who used force to prove by the preponderance of the evidence that the use of force was necessary to prevent great bodily harm or imminent death. However, a new law signed by the governor of Florida on June 9, 2017 changed the burden of persuasion in “Stand Your Ground” cases. The defendant only needs to make a prima facie showing of self-defense. Then, the new law puts the burden on the State to prove by clear and convincing evidence that the self-defense was not justified.