Q: feb 2009 Indiana I was charged voluntary man slaughter n2013 stand ur ground was passed can I get my felony removed ??

I was attacked the guy swung I swung back hitting him 3x he later died from heart complications I was charged with voluntary man slaughter the guy was 6’3 330 I’m 5’10 150. I was only protecting myself from him is there anyway I can get the felony dropped because in 2013 stand ur ground was passed and if it would have happened n 2013. I could have plead self defense there was 2-4 witnesses all said he chased me around the car before I defended myself is there a possibility or am I a felon for life

2 Lawyer Answers
Paul Stanko
Paul Stanko
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: Stand your Ground does not apply retroactively.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: The Stand Your Ground defense does not apply retroactively so you cannot use it to set aside your conviction. However, you may be able to have the case expunged once all obligations under the statute are met and the prosecutor agrees. You should consider consulting with an experienced criminal defense attorney who is knowledgeable with expungements.

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