The decision on whether a Florida woman deserves to have a second hearing about her aggravated assault case has been postponed by a judge. Marissa Alexander's case garnered state attention, especially from domestic violence activist groups after she was convicted in May 2012 of three counts of aggravated assault with a deadly weapon and was sentenced to 20 years in prison for firing a weapon at her estranged husband following a beating she received from him. Circuit Judge James Daniel has rescheduled the decision hearing on the matter for August 1, The Washington Post said.
According to the state's "stand your ground" law, people who are not involved in illegal activity have the right to "stand their ground" and meet force with force as necessary if they have reason to believe that the force exacted would protect them from great bodily harm or death.
The 33 year-old's trouble started when an altercation between her and her estranged husband became physical when he beat her. Alexander maintained that she had acted in self-defense. The defendant had fired warning shots near her husband and his two children.
Following her conviction, the verdict was thrown out amid uproar from observers and activists groups, the post said. A new trial was set for July 28, but Alexander's attorneys decided to pursue a second "stand your ground" hearing ahead, which would allow her defense team to ask the judge to take the new state legislation, which allows a person to fire warning shots without fear of prosecution once threatened. The Post said the legislation is awaiting Governor Rick Scott's signature to become law.
Daniel has said in an earlier hearing about his concerns of a second hearing on the state "stand your ground" law for Alexander's case. He said, "We're on new terrain. Nobody has ever considered this issue about whether you can come back and have another hearing."
