woman gets 20 years for defending herself

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Florida woman fires warning shots at abusive husband, sentenced to 20 years in prison | WTKR.com


Florida woman who fired warning shots against her allegedly abusive husband has been sentenced to 20 years in prison.

Marissa Alexander of Jacksonville had said the state’s “Stand Your Ground” law should apply to her because she was defending herself against her allegedly abusive husband when she fired warning shots inside her home in August 2010. She told police it was to escape a brutal beating by her husband, against whom she had already taken out a protective order.

CBS Affiliate WETV reports that Circuit Court Judge James Daniel handed down the sentence Friday.

Under Florida’s mandatory minimum sentencing requirements Alexander could receive a lesser sentence, even though she has never been in trouble with the law before. Judge Daniel said the law did not allow for extenuating or mitigating circumstances to reduce the sentence below the 20-year minimum.

“I really was crying in there,” Marissa’s 11-year-old daughter told WETV. “I didn’t want to cry in court, but I just really feel hurt. I don’t think this should have been happening.”

Alexander was convicted of attempted murder after she rejected a plea deal for a three-year prison sentence. She said she did not believe she did anything wrong.

She was recently denied a new trial after appealing to the judge to reconsider her case based on Florida’s controversial “Stand Your Ground” law. The law states that the victim of a crime does not have to attempt to run for safety and can immediately retaliate in self-defense.

Alexander’s attorney said she was clearly defending herself and should not have to spend the next two decades behind bars.

Alexander’s case has drawn support from domestic abuse advocates – and comparison to the case of neighborhood watch volunteer George Zimmerman, who has claimed a “Stand Your Ground” defense in his fatal shooting of Florida teenager Trayvon Martin.
 
I think I read that she left, and then returned with a gun and fired shots. Thats not self defense. Once you leave the sceen, the threat is over.
 
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Simply claiming self defense does not make it so
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I wondered when my thread would appear, then someone beat me to the punch before mine got reviewed and approved, in case anyone wonders why there are two threads on the subject.

and i agree that deadly force was not justified in this case,i do however feel for anyone who cannot seperate themselves from a bad relationships
 
It would seem to me that 20 years is a hefty sentence for firing "warning" shots. Surely there is more to the story? Again, as much as we like to believe what we read in the media, I have learned to wonder what else happened to be handed down 20 years. My grandfather used to say, "Don't believe everything you hear, and only 1/2 of what you see".
 
It would seem to me that 20 years is a hefty sentence for firing "warning" shots. Surely there is more to the story? Again, as much as we like to believe what we read in the media, I have learned to wonder what else happened to be handed down 20 years. My grandfather used to say, "Don't believe everything you hear, and only 1/2 of what you see".

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If it's bad enough to introduce a firearm into the situation then it's bad enough to shoot the threat you do not fire "warning" shots
 
Things to consider before firing a warning shot

A warning shot is the use of "deadly force" in Florida, and "deadly force" can only be legally used to stop or prevent the imminent commission of a "forcible felony" (ie: only the most serious felonies), or to prevent imminent death or great bodily harm to yourself or another person. If you decide to fire a warning shot to try to stop an attack -- your legal position is the same as if you actually shot the intruder.

Legal repercussions of firing a warning shot
While a person may lawfully use "non-deadly force" in almost all situations in defending themself -- using "deadly force" when that is not permitted is usually a felony. Thus, under Florida's very tough mandatory minimum sentencing provisions -- the unlawful use of deadly force will normally carry a 20 year mandatory minimum prison sentence! A very good reason not to use warning shots except in the most dire of circumstances.
 
If she felt strongly enough that she didn't want to kill him, those warning shots should have been to the kneecaps. That'd slow him down.
 
Got it. No such thing as "warning shots". Use of deadly force. Either shoot your attacker, or keep the gun holstered.
 

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