While Florida law makes it clear that those who use self-defense should not be arrested or charged, there have been countless cases where people who defend themselves and their families end up getting arrested and put in front of a judge. However, even if someone is arrested, they may still assert immunity from prosecution. Upon a motion by the defendant, the court will hold an immunity hearing. At this hearing, the State has the burden to show by clear and convincing evidence that the defendant is not entitled to immunity. This is not as high of a standard as “beyond a reasonable doubt,” but it is still a high burden for the State to meet. If the State fails to meet its burden, the charges will be dismissed and the defendant will be found immune from criminal prosecution.